ORDINAWDES 


Borough  of  Pottsville 

Jf  1864:.  % 


THE  UNIVERSITY 
OF  ILLINOIS 
LIBRARY 

3 52-074^ 
p IS  5or 

\%b\ 

MUNICIPAL 

N8FERENCE 


ppMOTE  STORAGE 


' , acks  office 


# 


* 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/ordinancesofcorpOOpott 


ORDINANCES 


OF 


REMOTE 


THE  OOREORATXOlsr 

BOOKST AC K b OmCt. 


OF  THE 


BOROUGH  OF  POTTS YILLE, 


AND  THE 


ACTS  OF  ASSEMBLY  RELATING  THERETO. 


PUBLISHED  BY  THE  AUTHORITY  OF  THE  COUNCIL. 


POTTSYILLE : 

PRINTED  AT  THE  MINERS’  JOURNAL  JOB  OFFICE. 


1864. 


'f  : t 


..X 


I. 


Politio&I  SeteT,A<* 


ORIGINAL 


J 

t 

J 

J 

t 


2 

t 


ACT  OF  INCORPORATION. 

AN  ACT 

To  erect  the  town  of  Pottsville,  in  the  county  of  Schuylkill,  into  a borough,  &c.— Pam- 
phlet Laws,  100. 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  Commonwealth  of  Pennsylvania  in  General  Assembly  1828. 
met,  and  it  is  hereby  enacted  by  the  authority  of  the'' same,  That 
the  town  of  Pottsville,  in  the  county  of  Schuylkill,  shall  be  and  Pottsville, 
the  same  is  hereby  erected  into  a borough,  which  shall  be  called  countyerecL 
the  borough  of  Pottsville,  and  shall  be  comprised  within  the  fol- ed  into  a bo- 
lowing  boundaries  to  wit : Beginning  at  a stone  on  the  bank  of  therough’ 
Schuylkill  canal,  thence  up  the  same,  north  forty-live  degrees,  west  Boundaries, 
twenty-five  perches  to  a stone,  north  twenty  degrees  west,  forty- 
four  perches  to  a stone  ; north  eleven  degrees  east,  forty-three 
and  a half  perches  to  a stone,  north  nineteen  degrees,  east  thirty- 
nine  perches  to  a stone,  thence  crossing  the  river  Schuylkill,  north 
eighteen  degrees,  west  one  hundred  and  thirty-eight  perches  to  a 
pine,  south  sixty  degrees,  west  thirty-nine  perches  to  a stone,  north 
thirty  degrees,  west  thirty-four  perches  to  a spruce,  south  sixty 
degrees,  west  fourteen  perches  to  a spruce,  north  eleven  degrees, 
west  eleven  perches  to  a spruce,  south  sixty-six  degrees,  west  cross- 
ing Norwegian  creek,  seventy-six  perches  to  a small  pine,  south 
six  and  a half  degrees,  east  seventy-six  perches  to  a post,  south 
thirty-seven  degrees,  west  ninety  perches  to  a gum,  south  six  de- 
grees, west  twenty-six  perches  to  a spruce,  south  thirty-seven  de- 
grees, east  three  hundred  and  fifty  perches  to  a post  on  the  Man- 
heim  and  Norwegian  township  line  ; thence  along  the  same,  north 
sixty-seven  degrees,  east  one  hundred  and  ninety-five  perches  to 
the  place  of  beginning;  Provided , That  the  Schuylkill  canal,  with  proviso  re- 
its  appurtenances,  shall  not  be  considered  as  included  within  the  *at*ve Su 
above  described  limits,  nor  shall  this  act  be  considered  as  giving  canak  1 
any  jurisdiction  or  authority  whatever,  to  the  borough  of  Pottsville, 
in  and  upon  the  said  Schuylkill  canal  and  its  appurtenances. 

Sect.  2.  And  be  it  further  enacted  by  the  authority  aforesaid, 

That  it  shall  and  may  be  lawful  for  the  citizens  of  said  borough,  Who  may 
entitled  to  vote  for  members  of  the  general  assembly,  on  the  first vote’ 
Monday  of  May,  in  every  year,  to  elect  by  ballot,  two  respectable  Timeof elec- 
citizens  to  be  burgesses  of  the  said  borough,  and  that  the  persou tion- 
having  the  greatest  number  of  votes  shall  be  styled  the  chief  bur- 
gess, and  also  to  elect  five  suitable  persons  assistants  or  common  officers  to 
council  men,  for  advising,  aiding,  and  assisting  the  said  burgess  inbeelected- 
the  execution  of  the  powers  and  authorities  hereby  given  to  them, 
and  also  to  elect  a high  constable  and  town  clerk,  who  shall  be  re- 
sident of  the  said  borough  of  Pottsville  : Provided , That  no  per-proViso. 

0>£3  'xJ  (3  /O 


4 


Where  and 
how  elec- 
tions shall 
be  held. 


i828.  gon  shall  be  entitled  to  a vote  at  the  election,  or  to  be  elected  to 
any  of  the  said  offices,  unless  he  shall  have  been  a resident  in  the 
said  borough  of  Pottsville,  at  least  one  whole  year  previous  to  the 
time  of  such  election. 

Sect.  3.  And  be  it  further  enacted  by  the  authority  aforesaid, 
That  the  election  for  the  officers  aforesaid  shall  be  held  at  the  house 
where  the  general  elections  are  now  held  in  the  following  manner, 
to  wit:  The  constable  of  the  township  of  Norwegian,  for  the  time 
being,  and  the  high  constable,  so  as  aforesaid  elected  or  appointed, 
in  the  manner  hereinafter  mentioned,  in  every  succeeding  year 
shall  give  notice  of  such  election  at  least  six  days  before  the  time 
appointed  for  holding  the  same,  by  advertisements  set  up  at  six  or 
more  of  the  most  public  places  within  the  said  borough,  and  at  the 
election  to  be  holden  the  present  year,  the  constable  of  Norwegian 
township  and  two  respectable  citizens,  to  be  chosen  by  the  electors 
of  the  said  borough  for  that  purpose,  and  at  every  succeeding 
election  the  burgesses  and  assistants,  or  a majority  of  them,  shall 
hold  the  said  election,  receive  and  count  the  ballots  and  declare  the 
persons  duly  elected,  whereupon  duplicate  certificates  of  the  per- 
sons so  elected  shall  be  signed  in  the  present  year,  by  the  two  citi- 
zens chosen  as  aforesaid,  and  in  every  succeeding  year  by  the 
burgesses  ; one  whereof  shall  be  transmitted  to  the  clerk  of  the 
court  of  quarter  sessions  of  the  county,  and  the  other  filed  among 
the  records  of  the  corporation,  and  at  any  election  as  above  direct- 
ed, should  the  two  persons  highest  in  vote  for  burgesses  have  an 
havmgSanS  eclua^  number  of  vo^s,  the  preference  shall  be  determined  by  lot, 
equal num-  to  be  drawn  by  any  justice  of  the  peace  of  the  county,  upon  ap- 
ber  of  votes.  p|*cat*on  to  macie  by  either  of  the  parties,  and  if  it  should  at 
any  time  happen,  through  neglect,  that  no  election  shall  be  holden 
w on  the  day  aforesaid  in  the  mode  herein  before  prescribed,  the  chief 
burgess,  or  in  his  absence  or  inability  to  act,  the  assistant  burgess 
shall  issue  his  precept  directed  to  the  high  constable,  to  hold  an 
election  in  manner  aforesaid,  giving  at  least  six  days’  notice  of  the 
election,  by  at  least  six  advertisements  set  up  in  the  most  public 
places  in  said  borough. 

Sect.  4.  And  be  it  further  enacted  by  the  authority  aforesaid, 
Powers  and  That  the  burgesses  and  assistants  so  chosen,  or  a majority  of  them, 
shall  have  full  power  and  authority  to  make  such  ordinances,  rules, 
and  regulations,  as  may  be  necessary  for  improving  and  keeping  in 
order  the  streets,  lanes,  and  alleys  within  the  said  borough,  and  re- 
moving nuisances  or  obstructions  therefrom,  and  the  same  to  annul, 
alter,  or  make  anew,  as  occasion  may.  require.  And  also  to  assess, 
levy,  and  collect  a tax  for  the  said  purposes,  and  shall  have  all 
other  powers  necessary  for  the  well  ordering  and  better  government 
of  the  said  borough.  Provided , that  the  said  ordinances,  rules, 
and  regulations,  shall  not  be  repugnant  to  the  constitution  and  laws 
of  this  commonwealth  : And  provided  also , that  no  tax  shall  be 
laid  by  them,  in  any  one  year,  to  exceed  one  cent  in  the  dollar  on 
the  valuation  of  taxable  property  taken  from  the  last  assessment, 
until  the  same  is  agreed  by  a majority  of  the  electors,  at  the  town 


Proceedings 
in  case  no 
election  be 
held. 


duties  of 
burgesses 
and  assist- 
ants. 


Proviso. 


Proviso  "re- 
lating to 
taxes. 


meeting  assembled  for  that  purpose,  called  together  by  the  said  1828. 
burgess  and  assistants,  or  by  any  writ  in  writing  of  at  least  six  of 
the  inhabitants  of  the  said  borough,  duly  qualified  to  elect  as  afore- 
said, to  the  said  burgess,  who  shall  require  the  high  constable  to 
give  five  days’  notice  of  such  intended  town  meeting,  by  advertise- 
ments fixed  up  in  not  less  than  six  of  the  most  public  places  in  the 
said  borough,  notifying  the  time,  place,  and  object  of  the  said  town 
meeting,  and  all  taxes  which  may  be  assessed  or  laid  within  the 
said  borough,  shall,  as  near  as  the  same  is  practicable,  be  conform- 
able to  the  laws  for  raising  county  rates  and  levies. 

Sect.  5.  And  be  it  further  enacted  by  the  authority  aforesaid,  Corporation 
That  the  said  burgess  and  freemen  duly  qualified  to  elect  as  afore-  created, 
said,  and  their  successors,  forever  hereafter,  shall  be  one  body 
politic  and  corporate,  in  and  by  the  name  of  “ the  burgesses  and 
inhabitants  of  the  town  of  Pottsville,  in  the  county  of  Schuylkill,”  " } e’ 
shall  have  perpetual  succession,  and  they  and  their  successors,  by 
the  name  of  the  burgess  and  inhabitants  of  the  borough  of  Potts-  ^ ^ 
ville,  shall  at  all  times  hereafter  be  persons  able  and  capable  in  p^vUegea a 
law  to  have,  get,  receive,  and  possess  lands,  tenements,  rents* 
liberties,  jurisdictions,  franchises,  and  hereditaments,  to  them  and 
their  successors,  in  fee  simple,  or  for  time  of  lives,  life,  years,  or 
otherwise,  and  also  goods  and  chattels  and  other  things  of  what  na- 
ture or  kind  soever,  and  to  give,  grant,  let,  sell,  and  assign  the  same 
lands,  tenements,  hereditaments,  goods  and  chattels,  and  to  do  and 
execute  all  other  things  about  the  same,  by  the  name  aforesaid,  and 
they  shall  forever  hereafter  be  persons  able  and  capable  in  law  to 
sue  and  be  sued,  plead  and  be  impleaded,  and  answer  and  to  be 
answered  unto,  defend  and  to  be  defended  in  all  or  any  Courts, 
within  the  Commonwealth,  in  all  manner  of  actions,  suits,  com- 
plaints, pleas,  causes,  and  matters  whatsoever,  and  that  it  shall  and 
may  be  lawful  to  and  for  the  said  Burgess  and  inhabitants  afore- 
said, and  their  successors,  forever  hereafter,  to  have  and  use  one 
common  seal  for  sealing  all  business  whatever,  touching  the  said 
corporation,  and  the  same  from  time  to  time  at  their  will,  to  change 
and  alter,  and  the  said  burgesses  and  assistants  shall  have  full 
power  to  appoint  such  other  officers’  within  the  said  borough,  as 
shall  be  necessary  to  carry  into  complete  effect  the  provisions  of 
this  act. 

Sect.  6.  And  be  it  further  enacted  by  the  authority  aforesaid, 

That  if  any  persofi,  an  inhabitant  of  the  said  borough,  and  duly  fefusing^o 
qualified  to  elect  as  aforesaid,  shall  be  elected  to  the  office  of  Bur-  act  as  bur- 
gess, and  having  notice  of  his  election,  shall  refuse  to  undertake  ge&fe‘ 
and  execute  that  office,  every  person  so  refusing,  shall  forfeit  and  Penalty  for 
pay  a fine  of  twenty  dollars,  and  if  any  person  duly  qualified  as  refusing  to 
aforesaid  shall  be  duly  elected  to  any  other  office  in  the  said  bo-  otherofficer. 
rough  created  by  this  act  and  having  notice  of  his  election,  shall 
refuse  to  undertake  and  execute  the  duties  of  that  office,  every 
person  so  refusing,  shall  forfeit  and  pay  the  sum  of  ten  dollars, 
which  fines  and  forfeitures  and  all  others  in  pursuance  of  this  act, 
or  by  the  by-laws  of  the  burgesses  and  inhabitants,  shall  be  re- 


6 


1828.  covered  before  any  justice  of  the  peace  of  that  county,  for  the  use 
of  the  said  corporation,  and  in  such  case  of  refusal,  the  acting 
burgesses  shall  issue  their  process  directed  to  the  high  constable 
requiring  him  to  hold  an  election  for  the  choice  of  some  other  fit 
person  or  persons  in  the  stead  of  such  as  shall  refuse  : Provided , 

that  no  person  shall  be  compelled  to  serve  for  more  than  one  in  any 
term  of  five  years  : And  'provided  also , that  if  any  person  or  per- 
sons shall  conceive  him  or  themselves  aggrieved  by  the  judgment 
of  any  justice  of  the  peace,  by  virtue  of  the  oath,  he  or  they  may 
appeal  to  the  next  county  court  of  common  pleas,  who  shall  on  the 
petition  of  the  party,  take  such  order  thereon  as  to  them  shall  ap- 
pear just  and  reasonable,  and  the  same  shall  be  conclusive  to  both 
parties. 

Sect.  ?.  And  be  it  further  enacted  by  the  authority  aforesaid, 
That  the  chief  burgesses  shall  take  and  subscribe  an  oath  or  affir- 
to  "be"  under  mation  before  one  of  the  associate  judges  of  the  county  of  Schuyl- 
oath.  kill,  £0  SUpp0rt  the  Constitution  of  the  United  States  and  of  this 
State,  and  on  oath  or  affirmation  well  and  truly  to  execute  the 
office  of  chief  burgess  of  the  borough  of  Pottsville,  and  when  so 
qualified  he  shall  administer  an  oath  or  affirmation  to  the  other 
burgess,  assistants,  high  constable,  and  town  clerk,  in  manner  and 
form  aforesaid,  before  they  shall  enter  upon  the  duties  of  their  re- 
spective offices. 

Approved — the  nineteenth  day  of  February,  A.  D.,  one  thousand 
eight  hundred  and  twenty-eight.  J.  ANDYV.  SHULZE. 


Proviso. 


Of  appeal. 


Officers  of 
the  borough 


AN  ACT 

To  alter  ah  act  entitled  44  Ah  act  to  erect  the  town  of  Pottsville,  in  the  county  of  Schuyl- 
kill, into  a borough,  &c.’*— Pamphlet  Laws,  439. 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Represen  ta- 
1831.  tives  °f  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That 
the  town  of  Pottsville  shall  be,  and  the  same  is  hereby  erected 
into  a borough,  under  the  name  and  title  of  the  “borough  of  Potts- 
Name,  ville  the  extent  and  boundaries*  of  which  shall  be  as  follows  : 
Beginning  at  a stone,  on  the  west  bank  of  the  Schuylkill  canal, 
and  in  the  Manheim  township  line  ; thence  up  the  west  branch  of 
Borough  said  canal,  north  forty-five  degrees,  twenty-five  jjprches,  to  a stone ; 
boundaries,  whence  north  twenty  degrees,  west  forty -four  perches,  to  a stone  ; 

thence  north  eleven  degrees,  east  forty- three  and  one-half  perches, 
to  a stone  ; thence  north  nineteen  degrees,  east  thirty-nine  perches, 
to  a stone  ; thence  north  forty-five  degrees,  east  eight  and  one- 
half  perches,  to  a stone  ; thence  north  seventy-eight  degrees,  east 
eighteen  perches,  to  a stone  ; thence  north  forty-nine  degrees, 
east,  passing  the  canal  lock,  and  over  the  Schuylkill  river,  sixty- 
eight  perches,  to  the  mouth  of  Young’s  brook,  at  what  is  called 
the  Salem  Basin  ; thence  up  said  brook,  north  twenty-one  degrees, 


‘^Boundaries  extended. — See  supplements  XYI  and  XIX. 


i 


\ 


west  forty-eight  perches,  to  a stone;  thence  due  north  two  hundred  1831. 
and  thirty-eight  perches,  to  a stone  ; thence  south  sixty-eight  de- 
grees west,  until  a course  of  south  twenty  and  one-quarter  degrees 
east,  will  run  to  the  north-westerly  corner  of  the  tract  of  land, 
known  by  the  name  of  the  “ Physic  tract,”  the  distance  supposed 
to  be  four  hundred  and  nine  perches ; thence  south  twenty  and 
one-quarter  degrees  east,  passing  along  the  west  line  of  the  said 
“ Physic  tract  ” to  the  Manheim  township  line,  the  distance  sup- 
posed to  be  four  hundred  and  fifteen  perches ; thence  along  said 
township  line,  north  sixty-eight  degrees  east,  two  hundred  and  five 
perches,  more  or  less,  to  the  place  of  beginning. 

Sect.  2.  And  be  it  further  enacted  by  the  authority  aforesaid,  Qualifies-. 
That  the  inhabitants  of  the  said  borough,  entitled  to  vote  for  mem- ^ of  VOn 
bers  of  the  general  assembly,  [ *and  who  shall  have  resided  within 
the  same  for  six  months  immediately  'preceding  such  election , and 
within  that  time  have  paid  a county  or  borough  tax,]  shall  have 
power,  on  the  first  Monday  in  May,  in  every  year,  to  meet  at  the  Annual  elec-, 
place  where  the  election  for  members  of  the  general  assembly  are tion* 
held,  or  at  such  other  place  within  the  said  borough,  as  the  council 
by  ordinance  may  direct,  and  then  and  there,  between  the  hours  of 
two  and  eight  in  the  afternoon,  elect  by  ballot,  one  person  for 
burgess  and  members  of  town  council,  [fa  town  clerk,]  high  con-  Burgess, 
stable,  [fione  assessor  and  two  assistant  assessors]  for  said  borough,  ^ 

that  is  to  say  : at  the  first  election,  \§nine  persons]  qualified  to  serve  constable 
as  members  of  the  House  of  Representatives  of  this  Common-  ^asses“ 
wealth,  and  at  each  succeeding  election,  one  person  for  burgess,  " " 
and  three  persons  qualified  as  aforesaid,  for  members  of  the  town 
council ; but  previous  to  the  opening  of  the  first  [\\or  any  subsequent 
election , such  of  the  inhabitants , qualified  to  vote  as  aforesaid , who 
may  be  present  at  the  place  where  the  election  is  to  be  held , shall 
choose  two  persons  as  judges,  one  as  inspector,  and  two  as  clerks  e lection.  ” 
of  the  said  election ,]  which  shall  be  regulated  throughout,  accord- 
ing to  the  general  election  laws  of  this  Commonwealth,  so  far  as 
relates  to  the  receiving  and  counting  of  the  votes ; and  the  said 
judges,  inspector,  and  clerks,  shall  respectively  take  an  oath  or 
affirmation,  before  a judge  or  justice  of  the  peace,  to  perform  their 
respective  duties  with  fidelity  and  impartiality ; and  after  the  said 
election  shall  be  closed,  they  shall  declare  the  persons  having  the 
greatest  number  of  votes  to  be  duly  elected ; and  in  case  two  or 
more  candidates  shall  have  the  same  number  of  votes,  the  prefer- 
ence shall  be  determined  by  lot,  drawn  in  the  presence  of  the  said 
judges  and  clerks,  by  the  said  inspector,  after  the  election  shall  be 
closed  ; the  said  judges  shall  make  out  a return,  under  their  hands, 


-The  part  within  brackets  repealed  and  supplied  by  Supplement  I, 
passed  May  4,  1832.  (See  Post.) 
fSupplied  by  Supplement  XIY. 

^Supplied  by  Supplement  III,  passed  March  31,  1836. 
g Altered  and  number  increased  to  twelve — see  Supplement  XIV. 
||Supplied  by  Sec.  14  of  General  Election  Law,  passed  July  2,  1839. — 


8 


1831. 


Provision 
for  neglect 
to  hold  elec- 
tion. 


Proviso. 


Meeting  and 
classifica- 
tion of  coun- 
cil. 


President 

council. 


Vacancies 
how  filled 


Burgess  and 
council  in- 
corporated. 


containing  the  names  of  the  candidates  and  the  number  of  votes 
given  for  each,  and  deliver  the  same  to  the  town  clerk,  whose  duty 
it  shall  be  to  give  notice  in  writing  within  twenty-four  hours  to  the 
members  elected,  and  hand  over  the  returns  to  the  town  council  at 
their  first  meeting,  which  returns  shall  be  filed  with  the  papers  be- 
longing to  the  corporation  ; and  if  it  should  happen  through  neg- 
. lect  or  otherwise,  that  no  election  shall  be  holden  on  the  day 
aforesaid,  in  the  manner  herein  prescribed,  the  chief  burgess,  or 
in  case  of  his  neglect,  refusal,  or  inability  to  act,  the  president  of 
the  council  shall  issue  his  precept,  directed  to  the  high  constable 
to  supply  such  neglect,  giving  at  least  eight  days’  notice  of  such 
election,  by  at  least  six  advertisements,  set  up  in  the  most  public 
places  in  the  borough : Provided , That  the  members  and  officers 
of  the  corporation  shall  continue  to  exercise  all  the  powers  and 
perform  all  the  duties  given  to  and  enjoined  upon  them  by  this  act, 
until  their  successors  are  duly  elected  or  appointed. 

Sect.  3.  And  be  it  further  enacted  by  the  authority  aforesaid, 
That  the  said  council  shall  meet  on  the  first  Wednesday  after  their 
election,  to  receive  and  examine  the  returns  of  their  election  ; *and 
at  their  first  meeting , the  members  shall  divide  themselves , by  lots , 
into  three  classes ; the  seats  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  first  year , of  the  second  class  at  the  expira- 
tion of  the  second  year , and  of  the  third  class  at  the  expiration  of 
the  third  year , so  that  one-third  may  be  chosen  every  year  after 
y the  first  election  ; and  the  said  council  shall  appoint  a president  of 
their  board,  whose  duty  it  shall  be  to  preside  at  the  meetings  of 
their  board,  sign  all  ordinances,  to  convene  the  board  when  occasion 
may  require,  and  generally  to  perform  such  duties  as  may  be  en- 
joined on  him  by  ordinance  of  council ; f and  in  case  of  the  absence, 
neglect  of  duty,  removal  from  the  borough,  or  other  inability  to 
act,  the  council  shall  from  time  to  time  elect  a president  pro  tem- 
pore, as  occasion  may  require,  who  shall  exercise  the  same  author- 
ity and  perform  the  duties  that  are  or  may  be  enjoined  on  the 
president ; and  the  burgess  shall  be  removable  for  misdemeanor  in 
office,  in  the  same  manner  that  justices  of  the  peace  are  removable, 
under  the  constitution  and  laws  of  this  Commonwealth  ; and  in  case 
of  the  death,  resignation,  or  removal  of  the  chief  burgess,  or  other 
vacancy  in  said  office,  such  vacancy  shall  be  filled  by  a new  election 
for  his  term  of  office,  within  ten  days  thereafter,  by  the  council. 

Sect.  4.  And  be  it  further  enacted  by  the  authority  aforesaid, 
That  from  and  after  the  second  Monday  in  May,  A.  D.,  one  thou- 
sand eight  hundred  and  thirty-one,  the  chief  burgess  and  council, 
duly  elected  as  aforesaid,  and  their  successors,  shall  be  one  body 
politic  and  corporate,  by  the  name  and  style  of  “ The  corporation 
of  the  borough  of  Pottsville  and  shall  have  perpetual  succession, 
and  be  capable  in  law  to  have,  acquire,  receive,  hold,  and  possess, 


*See  Supplement  XV. 

fThe  Council  may  fill  all  vacancies  in  the  Council. — See  Supplement 
XIII. 


9 


goods  and  chattels,  lands,  tenements,  rents,  franchises,  heredita-  1831. 
meats,  jurisdictions,  and  liberties,  to  them  and  their  successors,  in 
fee  simple,  or  otherwise  ; and  also  to  give,  grant,  sell,  let,  and  as- 
sign the  same,  and  shall  by  the  name  and  style  aforesaid  to  sue 
and  be  sued,  plead  and  be  impleaded,  in  any  courts  of  law  in  this 
commonwealth,  in  all  manner  of  actions  whatsoever ; and  also  to 
have  and  use  one  common  seal,  and  the  same  from  time  to  time  at 
their  will  to  change ; and  the  said  inhabitants  may,  and  shall 
have  hereafter,  markets  in  said  borough,  forever,  on  such  days, 
and  as  many  in  the  week,  as  the  said  corporation  shall  order  and 
direct ; and  that  all  the  corporate  property  and  estate  whatsoever, 
of  “ The  burgesses  and  inhabitants  of  the  town  of  Pottsville,  in 
the  county  of  Schuylkill/7  is  hereby  severally  and  respectively  g le  of  cor 
vested  in  u The  corporation  of  the  borough  of  Pottsville/7  and  poration. 
their  successors  in  and  by  this  act  established,  by  the  name,  style, 
and  title  aforesaid,  to  andCor  the  use  of  the  citizens  of  the  borough 
of  Pottsville,  forever ; and  until  the  corporation  of  the  said  borough 
shall  be  duly  organized,  the  present  shall  continue  in  full  force  and 
operation. 

Sect.  5.  And  be  it  further  enacted  by  the  authority  aforesaid, 

That  if  any  person,  duly  elected  chief  burgess  or  member  of  the 
town  council,  or  appointed  or  elected  town  clerk,  street  commis- 
sioner, high  constable,  or  other  officer,  and  having  received  notice  Penalty  on 
thereof,  shall  refuse  or  neglect  to  take  upon  himself  the  duties  of  refusal  to  ac- 
the  said  office,  or  shall  neglect  or  refuse  to  discharge  the  same,  cept  oflice’ 
after  having  taken  upon  himself  the  duties  of  the  said  office,  every 
person  so  refusing  or  neglecting,  shall  for  every  such  offence,  for- 
feit and  pay  the  sum  of  twenty  dollars,  which  fine  and  all  others 
incurred  and  made  payable  by  this  act,  or  by  the  acts  of  the  corpo-  How  recov- 
ration,  shall  be  adjudged  to  be  paid  to  the  corporation,  on  convic-  propria^ed^ 
tion  before  any  justice  of  the  peace,  resident  in  the  said  borough, 
and  when  recovered,  shall  forthwith  be  paid  to  the  treasurer  of  the 
said  borough ; and  it  shall  be  the  duty  of  all  officers  of  the  said 
borough,  on  receiving  money  belonging  to  the  corporation,  to  pay 
the  same  forthwith  to  the  treasurer  thereof. 

Sect.  6.  And  be  it  further  enacted  by  the  authority  aforesaid, 

That  the  members,  of  the  said  corporation,  high  constable,  and  all^Jsof^- 
other  officers  created  by  this  act,  shall  severally  before  taking  upon  cere, 
themselves  the  duties  of  their  respective  offices,  take  an  oath  or 
affirmation  before  a judge  or  justice  of  the  peace  of  the  county  of 
Schuylkill,  to  support  the  constitution  of  the  United  States,  the 
constitution  of  the  State  of  Pennsylvania,  and  to  perform  the  du- 
ties of  their  respective  offices,  with  fidelity;  certificates  of  which 
oaths  or  affirmations  shall  be  filed  among  the  papers  of  the  corpo- 
ration. 

Sect.  7.  And  be  it  further  enacted  by  the  authority  aforesaid, 

That  it  shall  be  the  duty  of  the  said  council,  five  of  whom  shall  be  General 
a quorum,  to  hold  meetings  from  time  to  time,  as  occasion  may  powers  of 
require  ; at  which  meetings  they  may  revise,  repeal,  or  amend,  allcounci1' 

such  by-laws  and  ordinances  that  have  heretofore  been  made  in  the 
o 


10 


1831.  borough  of  Pottsville,  which  shall  have  full  force  and  authority  until 
so  repealed,  and  make  such  other  rules  and  regulations,  and  enact  such 
other  by-laws  and  ordinances,  as  shall  be  determined  on  by  a ma- 
jority of  them,  necessary  to  promote  the  peace,  good  order,  benefit, 
and  advantage  of  the  said  borough,  particularly  for  the  providing 
for  the  regulation  of  markets,  improving,  repairing,  keeping  in 
order,  and  regulating  the  streets,  roads,  lanes,  and  alleys,  and  re- 
moving nuisances  and  obstructions  therefrom,  regulating  the  width 
of  porches,  steps,  cellar  doors,  or  other  device  that  may  project  into 
or  encroach  upon  any  street,  road,  lane,  alley,  or  public  highway, 
ascertaining  and  regulating  the  depths  of  vaults,  of  sinks  or  pits 
for  necessary  houses,  and  making  permanent  rules  and  regulations, 
relative  to  the  foundation  of  buildings,  party  walls,  and  fences  ; 
they  shall  have  full  power  and  authority  to  prevent  and  restrain 
the  exercising  or  practising  of  any  trade  or  occupation,  the  exercise 
or  practice  of  which  shall  be  dangerous  to  the  health  or  property 
of  the  inhabitants ; they  shall  have  power  to  impose  fines  and 
taxe°sUSh  penalties,  partial  and  total  forfeitures,  and  also  to  assess,  apportion, 
and  appropriate  such  taxes  as  shall  be  determined  by  a majority  of 
them,  necessary  for  carrying  the  said  rules  and  ordinances,  from 
time  to  time,  into  complete  effect ; and  also  to  appoint  street  com- 
missioners,  treasurer,  and  collector,  annually,  and  such  other  officers 
of  treasurer,  as  may  be  necessary,  from  time  to  time,  and  the  same  officers  from 
collector,  ^ime  to  time,  to  remove  for  misconduct,  neglect,  or  misdemeanor  in 
office,  excepting  the  chief  burgess,  who  shall  only  be  removable  in 
the  manner  herein  before  prescribed  : Provided , That  no  rules,  by- 
proviso  laws,  or  ordinances  of  said  corporation,  shall  be  repugnant  to  the 
of  the  by-  constitution  and  laws  of  the  United  States,  or  of  this  Common- 
laws.  wealth,  and  that  no  person  shall  be  punished  for  a breach  of  a by- 
law or  ordinance  made  as  aforesaid,  until  ten  days  have  expired, 
after  the  promulgation  thereof  in  at  least  one  newspaper,  printed 
in  said  borough,  or  by  ten  advertisements  set  up  in  the  most  pub- 
lic places  in  the  said  borough. 

Sect.  8.  And  be  it  further  enacted  by  the  authority  aforesaid, 
That  the  general  borough  tax,  rates,  and  levies,  assessed,  rated,  and 
&c?ecSiec-  levied,  by  the  said  council,  shall  not,  in  any  one  year,  exceed  one 
tionoftax.  cent  [n  the  dollar  on  the  valuation  of  the  property  by  the  assessor, 
elected  in  pursuance  of  this  act ; and  it  shall  be  the  duty  of  the 
assessor  and  assistant  assessors,  to  be  elected  as  aforesaid,  to  value, 
according  to  the  best  of  their  judgments,  all  property,  and  rate  all 
single  freemen,  offices,  and  professions,  within  the  said  borough, 
made  taxable  by  the  lawTs  of  this  Commonwealth,  and  to  make  out 
the  returns  of  the  said  assessment,  in  such  form  and  within  such 
time,  as  the  council  by  ordinance  shall  direct ; and  all  taxes,  rates, 
and  levies,  assessed,  rated,  and  levied,  by  the  council,  shall  be  re- 
covered in  the  same  manner  as  the  county  rates  and  levies  in  the 
county  of  Schuylkill  are,  or  may  hereafter  be  by  law  recoverable. 

Sect.  9.  And  be  it  further  enacted  by  the  authority  aforesaid, 
ment^gu't-  That  the  said  council  shall  have  full  power  and  authority  to  pave, 
ters,  &c.  form,  or  lay  with  brick,  hard  substances,  or  gravel,  all  or  any  of 


11 


the  footways  and  gutters  within  the  borough  ; and  shall  set  curb  1831. 
stones  or  posts,  to  prevent  the  same  from  being  injured,  at  such 
times  and  in  such  manner  as  they  by  ordinance  may  direct  : Pro- 
vided , That  all  and  every  the  owners  or  owner  of  property  or  ground, 
shall  have  the  privilege  of  paving  the  footway  on  their  own  front, 
as  aforesaid,  provided  they  have  it  completed  within  sixty  days, 
after  due  notice  in  writing  being  given  for  that  purpose  by  the 
said  council,  or  any  person  they  may  appoint. 

Sect.  10.  And  be  it  further  enacted  by  the  authority  aforesaid,  paving  0r 
That  the  said  council  shall  have  full  power  and  authority,  upon  tuynpiking 
the  application  of  two-thirds  of  the  owners  of  property  or  lots, 
fronting  on  any  street,  road,  lane,  or  alley,  to  pitch  and  pave,  or 
lay  with  broken  stone  and  gravel,  any  such  street,  road,  lane  or 
alley  ; and  shall  tax  the  property  in  front  of  which  such  street, 
road,  lane,  or  alley,  shall  be  pitched  and  paved,  or  laid  with  broken 
stone  or  gravel,  for  the  expense  thereof,  in  proportion  to  the  ex- 
tent of  the  same  in  front : Provided , That  no  application  as  afore- Proviso, 
said,  shall  be  for  less  than  four  hundred  feet  or  more  than  twelve 
hundred  feet  of  any  street,  road,  lane,  or  alley,  at  one  time  : 2cl  proviso. 

provided  farther , That  in  all  applications  as  aforesaid,  the  owners 
of  an  undivided  estate  shall  be  entitled  to  but  one  signature  ; and 
that  no  person,  whatever  may  be  the  number  of  lots  owned  by  him, 
shall  be  entitled  to  more  than  one  signature  on  any  such  petition. 

Sect.  11.  And  be  it  further  enacted  by  the  authority  aforesaid,  Collectk)nof 
That  the  said  council  are  hereby  authorized  to  recover  the  taxes  taxes  for  pa- 
for  pitching  and  paving,  laying  with  broken  stone  or  gravel,  in 
the  same  manner  that  county  rates  and  levies  are,  or  hereafter 
may  be,  by  law  recoverable  ; or  may  institute  actions  for  the  re- 
covery of  such  taxes  or  assessments,  before  any  tribunal  in  the 
State,  having  jurisdiction  of  the  amount  claimed  against  the  own- 
er or  owners  of  the  property,  or  their  legal  representatives,  in  front 
of  which  such  pitching  and  paving,  laying  with  broken  stone  or 
gravel,  mentioned  in  the  tenth  section  ofithis  act,  shall  be  done  ; 
and  the  said  council  shall,  and  they  are  hereby  authorized  to  re-  interest  and 
cover  legal  interest  from  the  time  of  making  such  assessment,  to- commission, 
gether  with  a commission  of  five  per  cent,  for  collecting  the  same. 

Sect.  12.  And  be  it  further  enacted  by  the  authority  aforesaid, 

That  the  council  shall  have  full  power  and  authority  to  establish  a 
nightly  watch,  and  lix  so  many  lamps  in  such  part  or  parts  of  the' 
said  borough,  as  from  the  state  of  the  improvements  thereof,  may 
in  their  discretion  be  necessary  ; and  for  the  more  conveniently 
watching  the  same,  may  divide  the  said  borough  into  districts,  as 
they  may  think  proper:  Provided , That  when  a nighly  watch  Proviso, 
shall  be  established,  or  lamps  fixed  in  any  part  or  parts  of  the  said 
borough,  the  holders  of  property  in  such  divisions,  and  they  only, 
shall  be  assessed  with  the  expense  of  maintaining  the  same. 

Sect.  13.  And  be  it  further  enacted  by  the  authority  aforesaid, 

That  the  said  council  shall  have  full  powrer  and  authority  to  make 

any  by-laws  or  ordinances,  to  oblige  the  owners  or  occupiers  of Fire bucketB 

hoftses,  in  the  said  borough,  to  provide  and  keep  in  repair  any 


12 


1831.  number  of  leather  buckets,  not  exceeding  two,  to  be  used  only  in 
extinguishing  fires. 

Sect.  14.  And  be  it  further  enacted  by  the  authority  aforesaid, 
Duties  and  That  the  chief  burgess,  elected  and  qualified  agreeably  to  this  act, 
theVeChief  or  absence,  refusal,  neglect,  or  inability  to  act,  the  president 

Burgess,  of  the  council  is  hereby  authorized  to  issue  his  precept,  as  often 
as  occasion  may  require,  to  the  collector,  commanding  him  to  col- 
lect the  taxes  assessed  in  pursuance  of  this  act,  and  the  same  to 
pay  over  to  the  treasurer ; and  the  said  chief  burgess,  or  in  his 
absence,  refusal,  neglect,  or  inability  to  act,  the  president  of  the 
council  is  hereby  authorized  to  carry  into  effect  all  by-laws  and  or- 
dinances, enacted  by  the  council,  and  whatever  else  may  be  en- 
joined on  him  or  them  for  the  well  ordering  and  good  government 
of  the  borough ; and  all  attestations,  made  by  the  chief  burgess, 
with  the  seal  of  the  corporation,  shall  be  good  evidence  of  the  acts 
or  things  certified  ; and  for  affixing  the  seal  of  the  borough  to  any 
instrument,  for  other  than  borough  purposes,  he  shall  receive  fifty 
cents. 

Sect.  15.  And  be  it  further  enacted  by  the  authority  aforesaid, 
Town  clerk.  That  it  shall  be  the  duty  of  the  town  clerk,  to  attend  all  meetings 
of  the  town  council,  when  assembled  on  business  of  the  corpora- 
tion, and  perform  the  duties  of  a clerk  thereto,  and  attest,  keep, 
and  preserve  the  records  of  the  corporation;  and  also  to  perform 
all  the  duties  enjoined  on  him  by  this  act,  or  by  the  acts  of  the 
corporation. 

Sect.  16.  And  be  it  further  enacted  by  the  authority  aforesaid, 
Security  of  That  the  treasurer  shall  give  sufficient  security  to  the  chief  bur- 
treasurer.  gegs  por  £|ie  faithful  discharge  of  the  duties  of  his  office,  and  for 
the  safe  delivery  of  all  moneys,  books,  and  accounts,  appertaining 
thereto,  into  the  hands  of  the  successor,  upon  demand  being  made 
for  that  purpose. 

Sect.  17.  And  be  it  further  enacted  by  the  authority  aforesaid, 
Election  of  That  there  shall  annually  be  elected,  by  the  citizens  of  the  said 
ad just^c t0  bo™ugh,  qualified  to  vote  as  aforesaid,  at  the  time  of  electing 
counts.  * members  of  the  town  council,  three  citizens  as  auditors,  who  shall, 
within  one  month  after  their  election,  settle  and  adjust  the  ac- 
counts of  the  several  officers  of  the  said  borough  ; and  the  said 
accounts  being  so  settled  and  adjusted,  shall  forthwith  be  pub- 
lished by  the  corporation,  showing  particularly  the  amount  of  taxes 
assessed  and  collected,  and  of  all  moneys  paid  into  the  treasury, 
and  the  amount  of  and  items  of  expenditure. 

[*Sect»  18.  And  be  it  further  enacted  by  the  authority  afore- 
Cotirtof  said)  That  the  chief  burgess  and  two  inhabitants,  qualified  to  vote 
appeal.  for  members  of  the  town  council,  to  be  appointed  by  a majority  of 
the  council  for  that  purpose,  or  any  two  of  them,  shall  constitute  a 
court  of  appeal ; and  prior  to  the  collection  of  any  borough  tax, 
the  collector  shall  inform  each  inhabitant  of  his  tax,  and  the  time 
Proviso.  and  place  of  ajppeal : Provided , That  the  said  court  of  appeal  shall 


*Tliis  Section  supplied  by  Supplement  III. 


13 


have  no  other  power,  than  to  determine  the  justness  of  the  appor-  1831. 
tionment  of  the  said  tax,  and  to  remedy  any  grievance  that  may^^dre“ 
occur  in^mposing  the  same.] 

Sect.  19.  And  be  it  further  enacted  by  the  authority  aforesaid,  compensa- 
That  the  judges,  inspector,  and  clerks  of  the  election  of  borough 
officers,  shall  be  allowed  each  seventy-five  cents  per  day  for  their  er  officers, 
services  in  holding  their  said  election  ; and  the  council  shall  fix 
the  compensation  of  such  officers  as  shall  be  appointed  or  elected 
under  this  act  or  the  acts  of  the  corporation,  which  compensation 
shall  be  paid  out  of  the  borough  treasury,  by  orders  drawn  on  the 
treasurer,  at  such  times  and  in  such  manner  as  the  council  by  or- 
dinance may  direct. 

Sect.  20.  And  be  it  further  enacted  by  the  authority  aforesaid,  streets^ 
That  from  and  after  the  passing  of  this  act,  all  streets,  lanes,  and  decfared*’ 
alleys,  within  the  said  borough,  opened  or  laid  out,  or  drawn  or  highways* 
marked,  or  plans  or  plots,  by  those  persons  who  have  laid  out  ad- 
ditions to  the  original  plan  or  plot  of  the  town  of  Pottsville,  as 
public  streets,  roads,  lanes,  and  alleys,  shall  be  deemed  and  consid- 
ered public  highways. 

Sect.  21.  And  be  it  further  enacted  by  the  authority  aforesaid,  Plans  of  w 
That  the  said  council,  so  soon  as  the  same  can  conveniently  be  rough  to  be 
done,  shall  cause  an  accurate  survey  to  be  made  of  the  streets,  madc* 
lanes,  and  alleys  within  the  said  borough,  and  When  the  survey 
shall  be  completed,  shall  cause  two  drafts  or  plans  to  be  made 
thereof,  to  be  made  with  every  explanation  necessary  to  the  full 
understanding  of  the  same,  one  of  which  said  plans  shall  be  deposi- 
ted in  the  office  of  the  clerk  of  the  court  of  quarter  sessions  of  the 
county  of  Schuylkill,  for  public  inspection  and  examination,  and 
the  other  to  be  kept  with  the  papers  of  the  corporation  ; and  it 
shall  be  the  duty  of  the  chief  burgess,  to  give  notice  in  all  news- 
papers printed  in  the  borough,  that  the  said  survey  and  plans  are 
completed,  and  that  on  a certain  day,  to  be  appointed,  the  council 
will  hear  any  objection  that  may  be  made  thereto,  and  the  place 
where  the  said  drafts  are  deposited  for  examination,  and  the  said 
council  shall  at  the  time  appointed  adjudge  and  determine  wheth- 
er any  and  what  alterations  shall  be  made  therein,  and  shall  direct 
one  of  the  said  drafts  or  plans,  authenticated  by  the  chief  burgess 
and  town  clerk,  under  the  seal  of  the  corporation,  to  be  recorded  de~ 
in  the  office  for  recording  deeds,  in  and  for  the  county  of  Schuyl- 
kill ; and  the  said  survey  and  drafts  so  made  and  authenticated, 
shall  from  thenceforth  be  deemed  conclusive  as  to  the  courses, 
widths,  and  lengths  of  the  streets,  roads,  lanes,  and  alleys,  in  the 
said  drafts,  laid  down  and  marked  as  public  streets,  roads,  lanes, 
and  alleys,  shall  be  deemed  and  considered  from  thenceforth  pub- 
lic highways,  and  the  said  drafts  so  made  and  recorded,  shall  re- 
main unalterable. 

Sect.  22.  And  be  it  further  enacted  by  the  authority  aforesaid,  Notice  of 
That  it  shall  be  the  duty  of  the  high  constable,  to  give  notice  0f electlon8* 
the  annual  elections  of  the  said  borough,  by  setting  up  advertise- 
ments in  eight  of  the  most  public  places  in  the  said  borough,  ten 


14 


.1831. 

Duties  of 
high  consta- 
ble. 


Proviso. 
Publication 
of  first  elec- 
tion. 


Appeal 
persons  ag- 
grieved to 
court  of 
quarter  ses- 
sions. 


Election  of 
constables. 


Appoint- 
ment of  po- 
lice officers. 


days  previously  thereto  ; he  shall  attend  and  see  that  the  same  is 
opened  at  the  time  and  in  the  manner  directed  in  this  act;  and  it 
shall  and  may  be  lawful  for  the  said  high  constable  to  perform  all 
the  duties  and  exercise  all  the  authorities  of  the  constables  of  the 
several  townships  of  this  commonwealth,  within  the  said  borough, 
and  generally  to  do,  execute,  and  perform  whatever  else  may  be 
enjoined  on  him  by  the  council ; and  the  said  high  constable  shall 
be  entitled  to  the  same  fees  for  the  same  services  that  are  by  law 
allowed  to  other  constables  : Provided , it  shall  be  the  duty  of  the 
present  high  constable,  to  publish  and  superintend,  in  like  man- 
ner, the  election  to  be  held  on  the  first  Monday  in  May,  A.  D., 
one  thousand- eight  hundred  and  thirty-one. 

Sect.  23.  And  be  it  further  enacted  by  the  authority  aforesaid, 
That  the  inhabitants  of  the  said  borough  and  all  persons  holding 
property  therein,  shall  be  competent  witnesses  in  all  actions  arising 
under  this  act,  or  the  laws  or  ordinances  of  the  corporation  ; and 
if  any  persons  shall  think  themselves  aggrieved  by  any  thing  done 
in  pursuance  of  this  act,  or  of  the  by-laws  or  ordinances  of  the  cor- 
poration, they  may  appeal  to  the  next  court  of  quarter  sessions,  to 
be  held  for  the  county  of  Schuylkill,  upon  giving  security  to  pros- 
ecute such  appeal  with  effect ; and  the  said  court  having  taken 
such  order  thereon  as  to  them  shall  seem  just  and  reasonable,  the 
same  shall  be  conclusive  against  all  parties. 

[*Sect.  24.  And  be  it  further  enacted  by  the  authority  aforesaid, 
That  it  shall  and  may  be  lawful  for  the  inhabitants  of  the  said  bo- 
rough, entitled  to  vote  for  members  of  the  town  council,  at  the 
same  time  and  under  the  same  regulations  as  constables  in  the 
several  townships  are  now  by  law  elected,  to  elect  four  suitable 
persons  as  constables,  in  manner  following,  viz : the  inhabitants 
residing  east  of  Centre  street  or  Centre  turnpike,  in  the  said  bor- 
ough, shall  elect  two,  and  the  inhabitants  residing  to  the  west  of 
Centre  street  or  Centre  turnpike  aforesaid,  shall  elect  two;  the 
said  constables  to  reside  in  the  divisions  for  which  they  are  res- 
pectively elected,  and  to  return  the  names  of  the  persons  so  elect- 
ed to  the  next  court  of  quarter  sessions  of  the  county  of  Schuyl- 
kill ; and  the  said  court  shall  appoint  two  of  them,  one  from  the 
returns  of  each  division,  one  to  be  constable  of  the  eastern  divi- 
sion, and  one  to  be  constable  of  the  western  division  of  the  said 
borough,] 

Sect.  25.  And  be  it  further  enacted  by  the  authority  aforesaid, 
That  the  said  council  shall,  whenever  the  same  may  appear  to  them 
necessary,  appoint  a sufficient  number  of  persons  as  police  officers, 
to  keep  the  peace  of  the  borough,  who,  during  the  time  of  their 
appointment,  shall  be  invested  with  the  same  authority  and  enti- 
tled to  the  same  privileges,  emoluments,  and  fees,  as  the  consta- 
bles of  the  said  borough  are,  or  shall  hereafter  be  invested  with, 
or  be  entitled  to  by  law. 

*This  Section  repealed,  and  supplied  Supplements  TV,  YIII,  XII, 
and  XY. 


15 


[*Sect.  26.  And  be  it  further  enacted  by  the  authority  aforesaid,  1831. 
That  the  inhabitants  of  the  said  borough,  entitled  to  vote  for  mem-  oversSrs°of 
bers  of  the  town  council,  shall  elect,  at  the  same  time  and  under  the  poor, 
the  same  regulations  as  overseers  of  poor  of  the  several  townships 
of  the  county  of  Schuylkill  are  now  by  law  elected,  two  persons 
for  overseers  of  the  poor  of  the  said  borough,  who  shall  have  the 
same  powers  and  privileges,  perform  the  same  duties,  and  be  sub- 
ject to  the  same  penalties  as  are  now  or  may  be  given  to,  or  en- 
joined or  imposed  upon  the  overseers  of  the  poor  of  the  several 
townships  of  the  county  of  Schuylkill,  and  shall  render  their  ac- 
count annually  to  the  town  council.] 

Sect.  27.  And  be  it  further  enacted  by  the  authority  aforesaid, 

That  the  citizens  of  the  said  borough  shall  be  exempted  from  pay-  Exemption 
ing  all  road  [or  poor]  taxes  to  the  township  of  Norwegian,  for  pro- 
perty  within  the  limits  of  the*  said  borough,  that  may  be  assessed  taxes™'1 
after  the  passing  of  this  act. 

Sect.  28.  And  be  it  further  enacted  by  the  authority  aforesaid, 

That  so  much  of  any  other  act  as  is  hereby  altered  or  supplied,  be  dausehn“ 
and  the  same  is  hereby  repealed. 

Sect.  29.  And  be  it  further  enacted  by  the  authority  aforesaid, 

That  this  act  and  the  powers  and  authorities  herein  vested  in  the  ^be^ffpct- 
said  borough,  shall  not  be  impaired,  affected,  defeated,  or  destroyed  ed  by  ‘ ne- 
by  any  neglect  or  omission,  to  elect  or  appoint  all  or  any  of  its  of-  glect 
ficers  at  the  times  allotted  for  the  same. 

Approved— the  fourth  day  of  April,  one  thousand  eight  hundred 
and  thirty-one.  GEO.  WOLF. 

I.  SUPPLEMENT. 

1832 

Act  of  May  4, 1S32.  Pamphlet  Laws,  477. 

Sect.  14.  And  be  it  further  enacted  by  the  authority  aforesaid, 

That  the  inhabitants  of  the  borough  of  Pottsville,  entitled  to  vote  QuaHfica- 
for  members  of  the  general  assembly,  who  shall  have  resided  with- nons  ofVo- 
in  the  said  borough  for  one  year  immediately  preceding  such  eiecUons°in 
election,  and  within  that  time  have  paid  a borough  or  county  tax,  Pottsyille- 
which  shall  have  been  assessed  at  least  six  months  preceding  such 
election,  shall  be  entitled  to  vote  at  all  borough  elections,  and  that 
so  much  of  any  act  as  is  hereby  altered  or  supplied,  be  and  the 
same  is  hereby  repealed. 


II.  SUPPLEMENT. 

1834. 

Act  of  Feb.  27,  1S34.  Pamphlet  Laws,  91. 

Sect.  1.  Be  it  enacted,  &c.,  That  it  shall  and  maybe  lawful  for 
the  town  council  of  the  borough  of  Pottsville,  in  the  county  ofLaymgatax 
Schuylkill,  and  they  are  hereby  authorized  and  required  to  assess  on  d°S8, 

*This  Section,  and  so  much  of  Section  27  as  relates  to  poor  taxes,  was 
repealed,  and  supplied  by  the  Act  providing  for  the  erection  of  a Poor 
House  for  Schuylkill  County,  passed  April  4,  1831,  F.  L.,  422. 


16 


1834.  and  collect  annually,  on  each  and  every  dog  and  bitch  owned  or 
kept  by  any  citizen  or  inhabitant  of  said  borough,  a tax  to  any 
amount  not  exceeding  one  dollar  for  the  first  dog  or  bitch  kept  or 
owned  by  any  citizen  or  inhabitant  of  said  borough,  and  not  ex- 
ceeding two  dollars  a head  for  the  second  dog  or  bitch,  and  so  in 
proportion  to  the  number  kept  by  each  inhabitant  or  citizen  of 
said  borough,  they  may  deem  expedient  and  proper,  for  the  use  of 
the  said  corporation  of  the  borough  of  Pottsviile  aforesaid. 

1836#  III.  SUPPLEMENT. 

Act  of  March  31,  1836.  Pamphlet  Laws,  327. 

Sect.  1.  Be  it  enacted,  &c.,  That  from  and  after  the  passage  of 
Duplicate  Of  act>  town  counc^  of  the  borough  of  Pottsviile,  in  the 
taxes.  county  of  Schuylkill,  are  authorized  and  directed  to  make  their 
duplicate  for  borough  taxes,  from  the  assessment  and  valuation 
made  on  property  within  said  borough  for  county  rates  and  levies. 

IY.  SUPPLEMENT. 

1840. 

Act  of  February  13, 1840.  Pamphlet  Laws,  43. 

Pottsvfuedi  Sect.  9,  That  the  borough  of  Pottsviile,  Schuylkill  county,  be 
vided  into  and  the  same  is  hereby  divided  into  two  separate  wards,  in  man  - 
two  wards;  ner  f0n0Wing  to  wit : All  that  part  of  said  borough  north  of  Nor- 
North  ward,  wegian  street,  to  compose  one  ward,  to  be  called  u North  Ward 

the  elections  for  which  to  be  held  at  the  public  house  of  Nathaniel 
J.  Mills;  and  all  that  part  of  said  borough  on  the  south  side  of 
South  ward,  said  Norwegian  street,  to  compose  the  other  ward,  to  be  called 
“ South  Ward the  elections  to  be  held  at  the  White  Horse 
Hotel. 

To  elect  two  Sect.  10.  Each  of  said  wards  shall  elect  two  justices  of  the 
justices.  peace,  with  the  right  to  increase  the  same,  whenever  the  inhabi- 
tants of  said  wards  respectively  shall  determine  said  increase  to  be 
necessary,  agreeably  to  the  provisions  of  the  constitution ; and 
Each  ward  each  of  said  wards  shall  respectively  elect  one  constable  ; said  elec- 
constabie?6  tions  to  be  held  at  the  same  time  and  in  the  same  manner  as  town- 
ship elections  are  directed  to  be  held  throughout  this  common- 
wealth. 

1840  V.  SUPPLEMENT. 

Act  of  April  23,  1840.  Pamphlet  Laws,  4GG. 

Town  coun-  Sect.  1.  Be  it  enacted,  &c.,  That  the  town  council  of  the  bo- 
late°streets  rough  of  Pottsviile,  shall  have  full  power  and  authority  to  pass  or- 
and  set  curb  dinances,  rules,  and  regulations,  to  regulate,  grade,  cut  down,  fill 
up,  pave,  and  repave,  curb  and  recurb,  form  and  make  all  and 
every  the  footways,  sidewalks  and  gutters  in  the  streets,  lanes,  and 
alleys  of  the  said  borough,  at  such  times  and  in  such  manner  as 


17 


they  by  ordinances  may  direct,  and  the  said  ordinances  to  execute,  1840. 
under  the  direction  of  such  person  or  persons  as  they  may  appoint, 
and  shall  tax  the  property  in  front  of  which  such  foot-ways,  side- 
walks and  gutters  shall  be  made,  paved  and  curbed,  with  the  ex- 
pense thereof,  in  proportion  to  the  extent  of  the  same  in  front,  Lien, 
which  shall  be  a lien  thereon  until  paid  : Provided , That  the  Pr0Yig0 
owners  of  property  in  front  of  which  such  foot-ways,  side-walks 
and  gutters,  are  directed  to  be  made  as  aforesaid,  shall  have  the 
privilege  of  making  the  same  on  their  own  front  as  aforesaid, 
within  sixty  days  after  the  publication  of  the  ordinance  requiring 
the  same  to  be  done,  in  one  or  more  newspapers  printed  in  the 
said  borough,  and  the  service  of  a notice  in  writing  personally,  or 
left  at  the  place  of  abode  of  such  owner,  if  a resident  of  the  bo- 
rough : [ And  provided,  That  no  person  shall  be  compelled  to  pave  2d  Proviso, 
any  footway  to  a greater  width  than  five  feet  in  front  of  any  vacant 
lot.]  \_The  pjart  within  brackets  repealed  as  to  Centre  street. *] 

Sect.  2.  That  the  corporation  of  the  borough  aforesaid,  shall  Expenses  of 
and  may  recover  the  expenses  of  cutting  down,  filling  up,  grading,  how1  recov-' ■ 
paving,  repaving,  curbing  and  recurbing,  as  aforesaid,  of  and  from  ered. 
the  owners  of  the  property  in  front  of  which  the  same  may  be 
done,  before  any  justice  of  the  peace  or  any  court  having  jurisdic- 
tion, in  the  same  manner  as  debts  of  like  amount  are  by  law  re- 
coverable, or  may  file  a lien  for  the  same,  and  proceed  for  the  re- May  file  lien, 
covery  thereof  in  the  manner  set  forth  in  the  act  relating  to  the 
liens  of  mechanics  and  others,  passed  June  sixteen,  one  thousand 
eight  hundred  and  thirty-six,  the  provisions  of  which  are  hereby 
extended  to  the  work  done  under  this  act. 

[■(■Sect.  3.  That  from  and  after  the  passage  of  this  act,  the  quali- 
fied voters  of  the  said  borough  shall,  at  the  annual  election  for  ^ors  toPbe 
charter  officers,  elect  two  supervisors,  one  for  each  ward  thereof,  elected, 
who  shall  hold  office  for  one  year,  and  all  former  powers  delegated 
to  the  borough  council  for  appointing  the  same  are  hereby  with- 
drawn and  annulled.] 


VI.  SUPPLEMENT. 

Act  of  June  13, 1S10.  Pamphlet  Laws,  682. 


1840. 


Sect.  2.  That  the  burgess  and  town  council  of  the  boroughs  of  Lock.up 
Pottsville  and  Minersville,  in  the  county  of  Schuylkill,  be  author- houses  in 
ized  to  build  and  erect,  or  provide  and  support,  suitable  buildings  Minersville* 
in  or  contiguous  to  the  said  boroughs,  to  be  used  as  lock-up  hou- 
ses, or  places  of  security,  for  .the  temporary  detention  of  persons 
committed  by  a justice  of  the  peace  of  the  said  county,  for  any 


*Act  of  April  19,  1856;  P.  L.  464.  Sec.  1.  That  the  second  pro- 
viso of  the  first  section  of  the  Act  of  the  twenty-eighth  of  April, 
one  thousand  eight  hundred  and  forty,  relative  to  said  borough,  and  which 
provides  that  no  person  shall  be  compelled  to  pave  any  footway  to  a 
greater  width  than  five  feet  in  front  of  any  vacant  lot,  be  and  the  same 
is  hereby  repealed,  so  far  as  relates  to  Centre  street  in  said  borough. 

•(•Repealed  by  Act  of  April  7,  1848,  Section  5.  See  page  19,  in  note. 


18 


1840. 

. Proviso. 
1842. 

1844. 

Pottsville 

borough. 

1844. 

Duties  of 
treasurer. 

1844. 


violation  of  the  laws  of  the  commonwealth,  for  which  such  person 
or  persons  could  lawfully  be  committed  to  the  common  prison, 
there  to  remain  and  be  kept  until  such  offender  can  be  conve- 
niently conveyed  to  the  county  prison,  or  until  he  be  discharged 
according  to  law  : Provided , That  no  person  committed  by  a jus- 
tice of  the  peace  shall  be  confined  in  said  house  for  a longer  pe- 
riod than  twenty-four  hours. 

VII.  SUPPLEMENT. 

Act  of  July  16,  1842.  Pamphlet  Laws,  38T. 

Sect.  46.  That  hereafter  there  shall  be  an  election  held  in  each 
ward,  for  borough  officers,  for  the  borough  of  Pottsville,  in  the 
county  of  Schuylkill,  at  the  same  places  named  in  an  act  passed 
the  thirteenth  day  of  February,  one  thousand  eight  hundred  and 
forty,  relative  to  said  borough. 

VIII.  SUPPLEMENT. 

Act  of  March  9,  1844.  Pamphlet  Laws,  78. 

Sect.  37.  That  the  North  ward  in  the  borough  of  Pottsville,  in 
the  county  of  Schuylkill,  shall  be  divided  into  two  wards;  and 
that  Centre  street,  in  said  borough,  shall  be  the  dividing  line  ; the 
ward  lying  eastwardly  of  Centre  street,  shall  be  called  the  North- 
east ward  ; and  the  ward  lying  westwardly  of  said  Centre  street 
shall  be  called  the  North-west  ward.  (The  qualified  electors  of  the 
North-east  ward  shall  hold  their  general  elections  at  the  house  now 
occupied  by  Maximilian  Dorflinger ; and  the  qualified  electors  of 
the  North-west  wTard  shall  hold  their  elections  at  the  house  now 
occupied  by  Nathaniel  J.  Mills.*) 

IX.  SUPPLEMENT. 

Act  of  March  14,  1844.  Pamphlet  Laws,  110. 

Sect.  2.  That  it  shall  and  may  be  lawful  for  the  electors  of 
every  township  and  borough  in  the  counties  of  Schuylkill  and 
Northumberland,  annually,  at  the  time  and  place  of  electing  su- 
pervisors, to  elect  a township  or  borough  treasurer,  who  shall  give 
such  bond,  and  perform  such  duties,  and  be  subject  to  the  like 
penalties,  as  are  provided  for  in  the  ninety-fifth,  ninety-sixth, 
ninety-seventh  and  ninety-eighth  sections  of  the  act  of  fifteenth  of 
April,  one  thousand  eight  hundred  and  thirty-four,  entitled  “An 
Act  relating  to  counties  and  townships,  and  county  and  township 
officers.” 


X.  SUPPLEMENT. 

Act  of  April  26,  1844.  Pamphlet  Laws,  410. 

Sect.  6.  That  the  time  for  holding  the  borough  elections  in  the 
borough  of  Pottsville,  shall  be  on  the  days  now  fixed  by  law,  and 


*See  page  19  in  note. 


19 


the  polls  shall  be  opened  between  the  hours  of  eight  and  ten  o’-  1844. 

clock  in  the  morning,  and  close  at  seven  o’clock  in  the  evening  ; Elections, 
and  it  shall  be  the  duty  of  the  judges  and  inspectors  elected  at  the  borough6 
March  elections  next  preceding  the  borough  elections,  to  officiate 
as  the  officers  of  the  respective  wards  for  which  they  shall  have 
been  so  elected  at  the  borough  elections,  except  that  the  judges 
and  inspectors  elected  for  the  North  west  ward,  as  aforesaid,  shall 
officiate  as  the  officers  of  borough  elections  held  in  and  for  the 
North  ward,  in  said  borough. 

XI.  SUPPLEMENT.  1844. 

Act  of  May  8, 1S44.  Pamphlet  Laws,  578. 

Sect.  50.  That  the  time  for  holding  the  borough  elections  in  Schuylkill, 
the  borough  of  Pottsville,  in  the  county  of  Schuylkill,  shall  be  on  Pottsville 
the  days  now  fixed  by  law,  and  the  polls  shall  be  opened  between  oroug 
the  hours  of  eight  and  ten  o’clock  in  the  morning,  and  close  at 
seven  o’clock  in  the  evening;  [and  it  shall  be  the  duty  of  the 
judges  and  inspectors  elected  at  the  March  elections  next  prece- 
ding the  borough  elections,  to  serve  as  the  officers  of  the  respect- 
ive wards  for  which  they  shall  have  been  so  elected  at  the  borough 
elections,  except  that  the  judges  and  inspectors  elected  for  the 
North-west  ward,  as  aforesaid,  shall  serve  as  the  officers  of  the  bor- 
ough elections  held  in  and  for  the  North  ward,  in  said  borough.] 

XII.  SUPPLEMENT.  1845. 

Act  of  February  9, 1S45.  Pamphlet  Laws,  50. 

Sect.  1.  Be  it  enacted , &c.,  That  the  qualified  electors  of  the 
North-east  and  North-west  wards  of  the  borough  of  Pottsville, 
shall,  respectively,  be  entitled  to  choose  two  justices  of  the  peace  Justiceg 
and  one  constable,  for  their  respective  wards,  in  manner  provided 
by  law;  (and  that  all  elections  for  the  North-west  ward  shall  be 
held  at  the  house  now  occupied  by  Nathaniel  J.  Mills,*)  and  all 
elections  for  the  North-east  ward  shall  be  held  at  the  house  now 
occupied  by  Maximilian  Doerflinger.f 

Sect.  2.  That  the  qualified  electors  of  the  respective  wards, 
boroughs  and  townships  of  the  county  of  Schuylkill,  shall  hold  Elect<iong* 
their  annual  elections,  for  the  election  of  constables,  justices  of 
the  peace,  assessors,  supervisors,  and  all  other  officers  for  such 
wards,  boroughs,  and  townships,  respectively,  except  the  election 
of  such  officers  whose  elections  are  provided  for  by  the  several  acts 
incorporating  said  boroughs,  and  their  supplements,  on  the  fourth 
Friday  of  February  instant,  and  on  the  third  Friday  of  February 
annually  hereafter. 

*x'Act  of  January  29,  1850;  P.  L.  26.  Sec.  6.  That  the  qualified  vo- 
ters of  the  North  East  Ward  of  the  Borough  of  Pottsville,  in  the  County 
of  Schuylkill,  shall  hereafter  hold  their  General  and  Ward  elections  at 
the  house  of  Patrick  Curry,  in  said  Ward. 

f Act  of  February  10,  1851;  P.  L.  43.  Sec.  35.  The  qualified  voters 
of  the  North  West  Ward  shall  hereafter  hold  their  Ward  and  General 
elections  at  the  public  house  now  occupied  by  George  Betz,  in  said  Ward. 


20 


[*Sect.  3.  That  the  qualified  electors  of  each  ward  of  the  bor- 
ough of  Pottsvilie,  shall  hereafter,  at  the  times  and  places  of  hold- 
ing their  borough  elections,  elect  one  supervisor  for  each  ward  re- 
spectively ; and  it  shall  be  the  duty  of  the  supervisors  so  elected, 
to  superintend  and  attend  to  the  opening,  widening,  and  repairing 
of  the  public  streets  and  highways  of  said  borough,  in  the  respec- 
tive wards  for  which  said  supervisors  shall  be  elected,  under  the 
directions  of  the  street  committee  ; and  so  much  of  all  former  laws, 
inconsistent  with  the  provisions  of  this  section  be  and  the  same  is 
hereby  repealed.] 

Sect.  4.  That  whenever  a vacancy  occurs  in  the  town  council 
of  the  borough  of  Pottsvilie,  occasioned  by  the  death,  resignation, 
refusal  to  act,  removal  from  the  borough,  of  any  of  the  members 
thereof,  the  council,  at  the  next  stated  or  any  subsequent  stated 
meeting  thereafter,  may  fill  such  vacancy  or  vacancies,  by  the  elec- 
tion of  any  qualified  citizen  or  citizens,  who  shall  remain  in  office 
until  the  next  annual  election  for  borough  officers,  when  the  qual- 
ified voters  of  the  said  borough  shall  elect  a sufficient  number  of 
qualified  citizens  for  the  unexpired  terms  of  such  members  whose 
places  were  thus  supplied  by  an  election  of  the  council. 

XIII.  SUPPLEMENT. 

Act  of  April  10th,  1849.  Pamphlet  Laws,  396. 

Sect.  1.  Be  it  enacted,  &c.,  That  from  and  after  the  passage  of 
bi?  to°give " this  act  the  high  constable  of  the  borough  of  Pottsvilie  before  en- 
bond.  tering  upon  the  duties  of  his  office,  shall  give  a bond  in  the  sum 
of  not  less  than  five  hundred,  nor  more  than  three  thousand  dol- 
lars, as  the  court  of  quarter  sessions  of  the  county  of  Schuylkill 
shall  direct,  which  bond  shall  be  taken  by  the  clerk  of  said 
court  in  the  name  of  the  Commonwealth,  with  condition  for  the 
just  and  faithful  discharge  by  said  constable  of  the  duties  of  his 
office,  and  such  bond  shall  be  held  in  trust  for  the  benefit  of  all 
persons  who  may  sustain  injury  from  him  in  his  official  capacity  by 
reason  of  neglect  of  duty,  and  for  the  like  purposes  and  uses  as 
Sheriffs’  bonds  are  given  and  hel,d. 

1850.  XIY.  SUPPLEMENT. 

Act  of  March  11. 1850.  Pamphlet  Laws,  140. 

Corporation  Sect.  1.  Be  it  enacted,  &c.,  That  the  town  council  of  the  cor- 
may  borrow  poration  of  the  borough  of  Pottsvilie,  be  and  they  are  hereby  au- 
thonzed  and  empowered  to  borrow  any  sum  or  sums  of  money  not 
exceeding  in  the  whole  twenty  thousand  dollars,  which  they  may 
deem  necessary,  for  the  purpose  of  liquidating  the  debt  of  said  bor- 
ough, paving  and  curbing  the  streets,  lanes,  and  alleys  thereof,  as 

■^Repealed.  - Act  of  April  7,  1848  ; P.  L.,  365.  Sec.  5.  That  all  laws 
relating  to  the  election  of  Supervisors  in  the  borough  of  Pottsvilie,  in 
Schuylkill  county,  be  and  the  same  are  hereby  repealed. 

*v 


1845. 

Election  of 
supervisors. 


Councils 
may  fill  va- 
cancies. 


1849. 


21 


well  as  to  pay  for  the  erection  of  the  market  house  in  said  borough,  1850, 
or  for  other  necessary  borough  purposes,  in  the  name  and  upon  the 
faith,  credit,  and  responsibility,  of  the  corporation  of  the  borough 
of  Pottsville  aforesaid  ; to  issue  certificate  of  such  loan  or  loans  to 
the  holders  thereof,  in  sums  not  less  than  one  hundred  dollars 
each,  and  to  make  such  provision  out  of  the  taxes  of  said  borough, 
from  time  to  time,  as  may  be  necessary  to  pay  the  interest  upon 
such  loan  or  loans,  as  to  redeem  the  principal  at  such  times  and  in 
such  manner  as  may  be  conformable  to  the  terms  upon  which  the 
same  may  be  taken.  # 

Sect.  2.  The  several  justices  of  the  peace  of  the  corporation  of  Actions  for 
the  borough  of  Pottsville  shall  have  power  to  hear  and  determine  all pena  ies* 
actions  for  the  breach  of  any  regulation  contained  in  the  charter 
of  said  borough  ordinance  or  by-law  of  said  corporation  ; and  the 
proper  remedy  for  the  recovery  of  any  penalty  or  for  the  breach  of 
any  regulation  or  ordinance  or  by-law  as  aforesaid,  shall  be  by  ac- 
tion for  debt,  to  be  proceeded  in  the  same  manner,  and  subject  to 
the  same  rights  as  to  bail  and  appeal,  as  debts  of  like  amount  are 
by  the  laws  of  this  Commonwealth  recoverable,  anything  in  said 
charter  to  the  contrary  notwithstanding. 

Sect.  3.  That  so  much  of  any  act  as  is  hereby  altered  or  sup-  RepeaI 
plied,  be  and  the  same  is  hereby  repealed. 

XV.  SUPPLEMENT.  1852, 

Act  of  April  1,  1852.  Pamphlet  Laws,  155. 

Sect.  16.  That  the  President,  members  of  the  town  council,  and 
of  the  board  of  School  Directors  of  the  district,  of  the  corporation 
of  the  borough  of  Pottsville,  shall  continue  in  office  until  the  next 
borough  election,  to  be  held  for  said  borough,  and  no  longer ; and  council  re- 
that  thereafter  the  town  council  and  the  board  of  school  directors  organized, 
shall  consist  of  twelve  members  each,  and  that  each  ward  in  said 
borough  shall  respectively  be  entitled  to  elect  three  members  of 
the  town  council,  and  three  members  of  the  school  board  at  the 
next  election,  as  aforesaid ; one  of  each  to  serve  for  one  year,  one 
of  each  to  serve  for  two  years,  and  one  of  each  to  serve  for  three 
years;  and  that  annually  after  the  next  borough  election,  as  afore- 
said, each  ward  shall  elect  one  member  of  the  town  council  and 
one  member  of  the  board  of  school  directors,  as  aforesaid,  each  to 
serve  for  three  years,  and  that  hereafter,  in  lieu  of  the  mode  now  t0W11  c]erk 
provided  for  electing  the  town  clerk  for  said  borough,  he  shall  be  £°  ^councii^ 
elected  annually,  by  the  town  council,  at  the  next  stated  meeting  y ounci  ’ 
after  the  borough  election. 

XVI.  SUPPLEMENT. 

Act  of  February  6,  1852.  Pamphlet  Laws,  37.  1852. 

Sect.  14.  That  from  and  after  the  passage  of  this  Act,  so  much 
of  the  North  ward  of  the  borough  of  Pottsville,  in  the  County  of 
Schuylkill,  described  and  bounded  as  follows : Northwardly  by 

♦ 


22 


1852.  High  street,  Eastwardly  by  Second  street,  Southwardly  by  Norwe- 
gian street,  and  Westwardly  by  the  borough  line,  shall  form  anew 
created Wmd  ward>  to  ca^e(^  the  Middle  ward,  and  all  elections  shall  hereaf- 

ter be  held  at  the  public  house  now  owned  by  John  McBarron, 
and  known  as  the  Bed  Lion  Hotel,  in  said  ward. 


1859  XVII.  SUPPLEMENT. 

Act  of  Febrnary  26,  1859.  Pamphlet  Laws,  T9. 

Sect.  1.  Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives of  the  Commonwealth  of  Pennsylvania  in  General  Assem- 
bly met,  and  it  is  hereby  enacted  by  the  authority  of  the  same, 
Boundaries  That  the  lines  of  the  borough  of  Pottsville  in  the  County  of  Schuyl- 
ofthebor-  kill  be,  and  hereby  are  extended,  so  as  to  embrace  within  the  lim- 
ded.  its  of  the  said  borough,  all  that  part  of  Norwegian  township  in 
said  county,  beginning  at  a post,  the  present  north-west  corner  of 
said  borough,  thence  along  the  western  line  of  a tract  of  land 
known  as  the  navigation  tract,  north  nineteen  and.  three-quarters 
degrees  west,  eleven  hundred  and  eight  feet  to  a post  and  stones ; 
thence  by  the  land  of  R.  M.  and  L.  Lewis,  and  the  North  Amer- 
ica Coal  Company,  north  seventy  degrees  east,  thirty-three  hundred 
and  twelve  feet  to  a stone  ; thence  south  twenty  degrees  east,  three 
hundred  and  fifty-eight  feet  to  a stone;  thence  north  seventy  de- 
grees east,  twenty-one  hundred  and  ninety-one  feet  to  a stone; 
thence  south  one  and  one-half  degrees  east,  eight  hundred  and 
twenty-two  feet  to  the  crossing  of  the  present  north  line  of  said 
borough;  thence  along  said  line  to  the  place  of  beginning. 

Sect.  2.  That  all  that  portion  of  the  above  described  part  of 
Norwegian  township,  lying  west  of  the  Centre  turnpike  road,  be, 
Annexed  to  and  is  hereby  annexed  to,  and  hereafter  shall  constitute  a part  of 
N.w.  ward.  ^he  North-west  ward  of  said  borough;  and  all  that  portion  lying 
east  of  said  road,  be,  and  is  hereby  annexed  to,  and  hereafter  shall 
' war  * constitute  a part  of  the  North-east  ward  of  said  borough. 

Sect.  3.  That  the  part  of  Norwegian  township  above  described, 
shall  hereafter  constitute  a part  of  the  School  district  of  the  bor- 
ough of  Pottsville. 

Sect.  4.  That  the  streets,  lanes,  and  alleys,  in  the  said  above 
described  part  of  Norwegian  township,  laid  out  and  marked  upon 
streets  dc  ^he  or  draft  tbe  Norwegian  addition  to  the  borough  of 
dared  high-  Pottsville,  recorded  in  the  office  for  recording  deeds,  et  cetera,  in 
ways’  and  for  the  said  county  of  Schuylkill,  in  town  plot  and  draft  book 
number  one,  on  the  twelfth  day  of  January,  Anno  Domini,  one 
thousand  eight  hundred  and  fifty-six,  be  and  the  same  is  hereby 
declared  to  be  public  highways,  and  to  be  subject  to  the  laws  reg- 
lating  public  roads. 


1859. 


XVI II.  SUPPLEMENT. 

Act  of  April  11,  1859.  Pamphlet  Laws,  439. 

Sect.  1.  Be  it  enacted,  &c.,  That  the  Town  Council  of  the  bor- 


ough  of  Pottsville  may  hereafter  appoint  a collector  of  taxes  for  1859. 
each  ward  of  the  borough,  or  may  appoint  one  collector  for  two  or  collector, 
more  wards,  or  one  collector  for  the  whole  borough,  as  the  council 
may  determine  as  best  adapted  to  promote  the  public  interest. 

Sect.  2.  That  in  all  cases  where  pavements  or  gutters  have  been  Pavementg 
made,  or  may  hereafter  be  made  in  the  said  borough,  and  have  be- 
come, or  may  become  out  of  repair,  if  the  owner,  tenant,  or  occu- 
pier of  the  premises  in  front  of  which  such  pavements  or  gutters 
are  or  may  be  out  of  repair,  shall  neglect  or  refuse  to  amend  or 
repair  the  same  within  ten  days  after  notice  given  to  such  owner, 
tenant,  or  occupier,  and  also  in  all  cases  where  the  owner,  tenant, 
or  occupier,  of  lots  in  the  said  borough  in  front  of  which  the  side 
walks  are  not  paved  or  curbed,  shall  neglect  or  refuse  to  curb  and 
pave  the  same  within  sixty  days  after  notice  given  to  such  owner, 
tenant,  or  occupier,  the  town  council  may  have  such  pavements  or 
gutters  duly  amended  or  repaired,  and  said  side  walks  paved  and  Lien  may  be 
curbed,  and  the  expense  thereof  shall  be  a lien  upon  the  lot  in  filed* 
front  of  which  the  same  may  be  done,  until  paid,  and  the  amount 
thereof,  with  legal  interest,  may  be  collected  as  mechanics'  liens 
are  collected  under  existing  laws  ; in  all  cases  where  the  tenant  or 
occupier  of  the  premises  shall  pave,  curb,  amend  and  repair,  such 
pavements,  side  walks,  or  gutters,  upon  notice  as  aforesaid,  or  who 
shall  pay  the  expense  thereof  when  done  by  the  town  council,  as 
aforesaid,  may  set  off  the  amount  thereof  against  the  claim  of  the 
landlord  or  owner,  for  the  rent  or  occupation  of  the  premises,  in 
the  same  manner  as  taxes  paid  by  the  tenant  can  now  be  set  off. 

XIX.  SUPPLEMENT.  i860. 

Act  of  March  6, 1SG0.  Pamphlet  Laws,  119. 

Sect:  1.  Be  it  enacted,  &c.,  That  in  all  cases  in  which  the  cor- 
poration of  the  borough  of  Pottsville  may  cause  curb  stones  to  be  Curbstones* 
set,  side  walks  cut  down  or  filled  up,  or  pavements  or  gutters  made 
or  repaired,  after  notice  to  the  owner  or  occupier  of  the  premises  PavementsL 
in  front  of  which  such  work  may  be  done  as  provided  by  law,  the 
said  corporation  may  in  addition  to  the  cost  of  such  work  recover 
twenty  per  cent,  on  the  cost  thereof,  in  the  manner  in  which  the 
cost  of  such  work  is  now  recoverable. 

Sect.  2.  In  addition  to  the  remedies  now  provided  by  law,  the  Costofpave.. 
corporation  of  the  borough  of  Pottsville  may  recover  the  costs  of ment  to  be 
making  or  repairing  any  pavements  or  gutters,  and  twenty  per  with  twenty 
cent,  thereon  of  the  owner  of  the  property,  in  front  of  which  suchPercent- 
work  may  be  done,  in  action  of  debt  before  any  alderman,  justice 
of  the  peace,  or  Corfrts  of  this  Commonwealth,  having  jurisdiction 
of  the  amount  of  the  claim. 

XX.  SUPPLEMENT.  i86L 

Act  of  February  26,  1861.  Pamphlet  Laws,  50. 

Sect.  1.  Be  it  enacted,  &c.;  That  from  and  after  the  passage  of 


24 


1861.  this  Act,  all  that  part  of  the  South  ward  of  the  Borough  of  Potts- 
ville  aforesaid,  lying  East  of  Centre  street  and  South  of  Norwe- 
South-east  gian  street,  be  and  is  hereby  erected  into  a new  Ward,  to  be 
ted.  ‘ called  South  East  ward*  ; and  that  the  qualified  electors  thereof 
shall  hold  their  elections  at  the  American  House  in  said  new 
ward;  and  that  James  A.  Innes,  Esq.,  shall  be  the  Judge,  and 
John  Leonard  and  Henry  Gressang  the  Inspectors,  to  hold  the 
first  election  after  the  passage  of  this  Act ; and  said  Inspectors 
shall  appoint  a Clerk  for  said  elections  as  is  provided  for  by  ex- 
isting laws  ; Provided , That  the  said  above  named  election  offi- 
cers shall  hold  their  offices  until  the  next  election  for  election  of- 
ficers in  said  borough,  after  the  passage  of  this  Act. 


1862.  XXI.  SUPPLEMENT. 

Act  of  February  19,  1862.  Pamphlet  Laws,  40. 


Act  repealed 


Borough  ex- 
tended. 


Part  of  N. 
W.  ward. 


Part  of  mid- 
dle ward. 


Election 

precinct. 


Sect.  1.  Be  it  enacted,  &c.,  That  the  act  entitled  “An  act  to 
annex  part  of  the  township  of  Norwegian,  in  the  county  of  Schuyl- 
kill, to  the  borough  of  Pottsville,  and  to  establish  a new  ward  in 
the  said  borough,”  approved  the  first  day  of  May,  Anno  Domini, 
one  thousand  eight  hundred  and  sixty  one,')'  be  and  the  same  is 
hereby  repealed. 

Sect.  2.  That  the  tract  of  land  known  as  the  Square  tract  and 
the  Eyre  tract,  and  so  much  of  the  Minnich  and  Zoll  tract  that  lies 
north  of  a continuation  of  the  south  line  of  the  Stephens  Green 
tract,  be  and  the  satne  is  hereby  annexed  to,  and  made  part  of,  the 
borough  of  Pottsville. 

Sect.  3.  That  so  much  of  the  territory  annexed  to  the  borough 
of  Pottsville  by  the  second  section  of  this  act,  that  lies  north  of  a 
line  extended  from  the  termination  of  High  street,  and  on  the  same 
course  of  the  said  street  until  it  strikes  the  west  line  of  the  bor- 
ough, as  fixed  by  this  act,  shall  be  annexed  to,  and  form  part  of, 
the  North-west  ward  of  the  borough  of  Pottsville  ; that  so  much  of 
the  territory  aforesaid  as  is  bounded  on  the  north  by  the  part  above 
annexed  to  the  North-west  ward,  and  on  the  south  by  Norwegian 
street,  as  marked  on  the  plan  of  Wood’s  addition,  shall  be  annexed 
to,  and  form  part  of,  the  Middle  ward  of  the  borough  of  Pottsville ; 
and  the  residue  of  the  said  territory  shall  be  annexed  to,  and  form 
part  of,  the  South  ward  of  the  borough  of  Pottsville. 

Sect.  4.  That  the  act  entitled  “An  act  to  create  a new  ward  in 
the  borough  of  Pottsville,”  passed  the  twenty-sixth  day  of  Febru- 
ary, Anno  Domini  one  thousand  eight  hundred  and  sixty-one,  shall 
be  construed  as  creating  an  election*  precinct  of  the  South  ward, 
and  not  as  creating  a new  and  distinct  ward  of  the  borough  of 
Pottsville 


*To  be  an  election  precinct  only.  See  Section  4 of  Supplement  XXII. 
Post. 

f For  this  Act  see  appendix. 


1864 


XXII.  SUPPLEMENT. 

Act  of  May  3,  1864. 

Sect.  1.  Be  it  enacted,  &c.,  That  the  town  councii  of  the 
borough  of  Pottsville  shall  have  power  to  make  ordinances  direct- Council  may 
ing  the  size  of  culverts,  through  which  creeks  and  streams  ofg^of  cui- 
water  may  flow  across  the  public  streets  and  private  property,  and  verts  &c. 
shall  have  power  by  ordinance  to  direct  that  any  of  the  streams  of 
water  shall  be  diverted  into  public  culverts  in  the  streets  in  order 
to  straighten  the  said  streams  to  avert  the  danger  to  public  streets 
and  private  property  from  freshets,  and  the  said  town  council,  for 
the  purpose  of  making  a culvert  for  conveying  the  water  of  the 
Norwegian  creek  to  the  Schuylkill  river,  shall  have  power  and  au- 
thority to  enter  upon  any  lands  to  survey,  mark  out  and  construct 
a culvert,  and  shall  pay  for  property  so  taken,  such  compensation 
as  may  be  just,  to  be  determined  in  the  same  manner  upon  petition 
of  the  owners  of  the  property,  in  the  same  manner  as  is  provided 
by  the  general  railroad  law. 

Sect.  2.  That  if  any  owner  of  property  shall  neglect  or  refuse  PenaIties&c 
to  comply  with  the  directions  of  any  ordinance  of  the  council,  di- 
recting the  size  of  the  culvert  for  any  stream  of  water  as  aforesaid, 
the  council  shall  have  the  same  power  and  authority  to  make  and 
construct  the  same,  and  collect  the  cost  thereof,  with  twenty  per 
cent,  in  addition  thereto,  in  the  manner  provided  by  the  act  of 
April  eleventh,  eighteen  hundred  and  fifty-nine,  for  curbing, 
paving  and  repairing  of  pavements  in  the  borough  of  Pottsville, 
the  provisions  of  which  act  are  hereby  extended  to  the  culverts 
that  may  be  made  under  the  authority  of  this  act. 


. V 


ORDINANCES. 


I.  AN  ORDINANCE 

For  the  removal  of  nuisances. 

Be  it  ordained,  &e.,  That  all  nuisances  be  immediately  re- 
moved from  the  streets,  lanes  and  alleys  of  said  borough.  It  shall 
be  the  duty  of  the  high  constable  to  give  notice  to  each  person 
leaving  such  nuisances,  to  remove  the  same,  and  any  person  who 
neglects  to  remove  the  same  after  such  notice  shall  have  been  giv- 
en, shall  forfeit  and  pay  to  the  borough  for  its  use,  a fine  not  ex- 
ceeding two  dollars  for  every  twenty-four  hours  such  nuisances 
shall  remain  unremoved.  But  any  person  leaving  such  nuisance 
as  requires  immediate  removal,  shall,  upon  notice  given  as  above, 
remove  the  same  immediately  or  forfeit  and  pay  the  same  penalty. 
And  such  fines  and  forfeitures  shall  be  recovered  as  sums  of  like 
amount  are  by  law  recoverable.  Passed  May  9,  1828. 

Francis  B.  Nichols,  Chief  Burgess. 

Attest — Samuel  Bex,  Town  Clerk. 

II.  AN  ORDINANCE 

Respecting  public  exhibitions. 

Be  it  ordained,  &c.,  That  all  public  exhibitions  (excepting 
natural  curiosities)  shall  pay  to  the  chief  burgess,  for  the  use  of 
the  borough,  a sum  not  less  than  three  nor  more  than  ten  dollars, 
for  every  such  exhibition.  Passed  May  16,  1828. 

F.  B.  Nichols,  Chief  Burgess. 

Attest — Samuel  Rex,  Town  Clerk. 

III.  AN  ORDINANCE 

Prohibiting  vagrants  and  disorderly  persons  from  disturbing  the  peace. 

Be  it  ordained,  &c.,  That  all  vagrants  and  disorderly  persons 
found  disturbing  the  peace  and  harmony  of  the  borough, 
shall,  upon  conviction,  forfeit  and  pay  a fine  of  one  dollar  for  each 
and  every  such  offence,  for  the  use  of  the  borough,  and  any  per- 
son or  persons  refusing  to  pay  such  fine  or  forfeiture,  shall  be  con- 
fined in  the  county  jail  for  the  space  of  not  more  than  six  days 
for  each  and  every  offence.  Passed  June  20,  1828. 

F.  B.  Nichols,  Chief  Burgess. 

Attest — Samuel  Rex,  Town  Clerk . 


1828, 


28 


1828. 


Fire-arms. 


1830. 


Public  sts. 


IV.  AN  ORDINANCE 

Requiring  the  high  constable  to  carry  into  effect  an  ordinance  regulating  swine,  under  » 

penalty,  &c. 

Be  it  ordained,  &c..  That  in  case  of  the  high  constable  re- 
fusing to  fulfill  his  duty  in  regard  to  the  ordinance  regulating 
swine,  or  any  other  ordinance  which  has  or  may  be  passed,  shall  on 
conviction  of  the  same  before  the  burgess,  pay  a fine  of  not  less 
than  two  nor  more  than  five  dollars,  to  be  appropriated  to  the  use 
of  the  borough. 

And  be  it  further  ordained,  &c.,  That  if  any  person  or  persons 
shall  refuse  to  assist  the  high  constable  in  the  execution  of  his  of- 
fice, when  called  on  for  assistance,  on  being  legally  convicted  there- 
of before  the  burgess,  shall  pay  a fine  of  not  less  than  two  nor 
more  than  five  dollars.  Passed  July  11,  1828. 

F.  B.  Nichols,  Chief  Burgess. 

Attest — Samuel  Rex,  Town  Clerk. 

V.  AN  ORDINANCE 

Prohibiting  the  firing  of  crackers,  squibs,  &c. 

Sect.  1.  Be  it  ordained,  &c.,  That  any  person  or  persons  vend- 
ing or  exposing  to  be  vended,  or  any  person  or  persons  firing  or 
causing  to  be  fired  within  this  borough  any  cracker  or  crackers, 
squibs  or  rockets,  shall  upon  conviction  thereof,  forfeit  and  pay  for 
each  and  every  such  offence,  a fine  of  four  dollars,  for  the  use  of 
the  borough. 

Sect.  2.  And  be  it  further  ordained,  &c.,  That  any  person  or 
persons  firing,  or  causing  to  be  fired,  any  kind  of  fire  arms  within 
this  borough,  shall  upon  conviction  thereof,  forfeit  and  pay  a fine 
of  four  dollars  for  the  use  of  the  borough. 

Sect.  8.  And  be  it  further  ordained,  &c.,  That  all  fines  and 
forfeitures  shall  be  recovered  as  debts  of  like  amount  are  by  lawr 
recoverable.  Passed  July  24,  1828. 

F.  B.  Nichols,  Chief  Buigess. 

Attest — Samuel  Rex,  Town  Clerk . 

VI.  AN  ORDINANCE 

Declaring  several  streets  to  be  public  highways,  and  for  other  purposes. 

Sect.  1.  Be  it  ordained,  &c.,  That  from  and  after  the  passage 
of  this  ordinance,  all  steeets,  lanes  and  alleys  opened,  or  laid  out, 
or  drawn,  or  marked  on  the  plans  or  plots  by  those  persons  who 
have  laid  out  additions  to  the  plan  or  plot  of  the  town  of  Potts- 
ville,  as  laid  out  by  the  late  John  Pott,  are,  and  are  hereby  de- 
clared to  be  public  streets,  lanes  and  alleys  ; and  that  all  earth, 
stones,  gravel,  or  other  valuable  materials  therein,  are  hereby  de- 
clared to  be  the  property  of  the  borough. 

Sect.  2.  And  be  it  further  ordained,  &c.,  That  if  any  person 
or  persons  shall  appropriate  to  his,  her  or  their  use,  or  shall  dig  or 
carry  away  any  earth,  stones,  or  gravel,  from  any  street,  lane  or 


29 


alley  mentioned  in  the  first  section  of  this  ordinance,  without  per-  1830. 
mission  from  the  chief  burgess,  or  in  his  absence  the  second  bur- 
gess, every  person  so  offending,  shall  forfeit  and  pay  for  every  and 
each  offence  the  sum  of  five  dollars,  to  be  recovered  with  costs  of  ^°™tthj*ne9 
suit  as  debts  of  like  amount  are  by  law  recoverable,  and  paid  to  anTafieys/ 
the  treasurer  for  the  use  of  the  borough. 

Sect.  3.  ( Repealed  by  ordinance  of  June  12,  1860.) 

Passed  May  31,  1830. 

F.  B.  Nichols,  Chief  Burgess . 

Attest — Robert  Woodside,  Town  Cleric. 

VII.  AN  ORDINANCE 

For  the  suppression  of  nuisances,  and  enforcing  useful  regulations  within  the  borough  of 

Pottsville. 


Be  it  ordained,  &c.,  That  from  and  after  the  passage  of  this  Prohibiting 
ordinance,  if  any  person  shall  wilfully  or  negligently  drive,  ride  or  d^vin^and 
lead  any  horse  or  horses  upon,  or  cause  or  permit  any  carriage  °f  co^&^on 
any  kind  whatsoever  to  pass  upon,  or  along,  or  remain  on  any  foot-  the  foot- 
way or  pavement  within  this  borough,  or  shall  unload  or  cast  outways* 
of  any  cart,  wagon  or  other  carriage,  any  cord  wood,  brick,  stone, 
bar  iron,  timber,  lumber,  of  any  kind,  or  coals  upon  any  such  footway 
or  pavement,  he,  she  or  they  so  offending,  shall  forfeit  and  pay 
a sum  of  not  less  than  one  nor  more  than  five  dollars,  to  be  re- 
covered with  costs  of  suits  as  debts  of  like  amount  are  by  law  re- 
coverable, and  paid  to  the  treasurer  for  the  use  of  the  borough. — 

Passed  June  3,  1830. 

F.  B.  Nichols,  Chief  Burgess. 

Attest — Robert  Woodside,  Town  Clerk. 


VIII.  A SUPPLEMENT 

To  an  ordinance  for  the  suppression  of  nuisances,  &c. 

Be  it  ordained,  &c.,  That  from  and  after  the  passing  of  this  or- 
dinance, if  any  person  or  persons  shall  wilfully  or  negligently  ride,  o^ra^ng* 
drive,  permit,  or  suffer  any  horse  or  horses  to  go  in  a gallop,  orhor®es- 
other  immoderate  gait,  or  shall  ride  or  drive  any  race  or  trial  of 
speed  with  any  horse  or  horses,  in  or  through  any  street,  lane  or 
alley  of  this  borough,  so  as  to  endanger  persons  walking  or  standing 
therein,  every  person  so  offending,  shall  forfeit  and  pay  a sum  of 
not  less  than  one  nor  more  than  five  dollars,  to  be  recovered  in  the 
manner  and  for  the  use  mentioned  in  the  ordinance  to  which  this 
is  a supplement.  Passed  June  17,  1830. 

F.  B.  Nichols,  Chief  Burgess % 

Attest — Robert  Woodside,  Town  Clerk . 


IX.  AN  ORDINANCE 

For  securing  the  borough  of  Pottsville  from  damage  by  gunpowder. 

Be  it  ordained,  &c.,  That  from  and  after  the  twenty-third  day 
of  this  present  month,  no  person  shall  keep  in  any  house,  store,  Penalty  on 
shop,  cellar,  or  other  place  within  this  borough,  a greater  quantity  gunP°wder 
of  gunpowder,  at  one  time,  than  two  kegs  thereof,  under  a pen- 


30 


1830. 


No  new 
slaughter 
houses  to  be 
erected  in 
the  borough 


Penalty. 


No  offal  to 
annoy  the 
neighbor- 
hood. 


No  offal  to 
be  thrown 
into  water 
courses. 


Depth  of 
graves. 


alty  of  not  less  than  five  nor  more  than  fifty  dollars,  for  every  keg 
of  powder  so  kept  in  any  place  as  aforesaid,  to  be  recovered  with 
costs  of  suit,  as  debts  of  the  same  amount  are  by  law  recoverable, 
and  paid  into  the  treasury  for  the  use  of  the  borough.  Passed 
July  12,  1830. 

F.  B.  Nichols,  Chief  Burgess. 

Attest — Robert  Woodside,  Town  Clerk. 

X.  AN  ORDINANCE 

For  the  regulation  of  slaughter  houses,  and  for  the  protection  of  the  health  of  the  in- 
habitants of  the  borough  of  Pottsville. 

Sect.  1.  Be  it  ordained,  &c  , That  from  and  after  the  passing  of 
this  ordinance,  no  person  shall  erect  or  build  any  slaughter  house, 
or  other  building  for  the  purpose  of  slaughtering  or  killing  cattle, 
sheep,  or  other  animals  therein,  or  shall  use  or  occupy  any  house 
or  building  now  erected  for  that  purpose,  that  hath  not  hitherto 
been  used  for  the  same,  within  the  limits  of  this  borough,  under  a 
penalty  of  not  less  than  five  nor  more  than  fifty  dollars  for  every 
animal  killed  or  slaughtered  therein,  to  be  recovered,  with  costs  of 
suit,  as  debts  of  the  same  amount  are  by  law  recoverable,  and  paid 
into  the  treasury  for  the  use  of  the  borough.  And  if  any  person 
or  persons  who  now  use  or  shall  use  or  occupy  any  slaughter  house 
or  other  building  as  aforesaid,  now  built  or  erected,  shall  keep  at 
or  near  his  slaughter  house  any  garbage,  offal  or  filth  whatsoever, 
so  as  to  annoy  or  offend  any  neighbor,  or  any  person  whatsoever, 
every  person  so  offending  shall  forfeit  and  pay  a sum  of  not  less 
than  five  nor  more  than  thirty  dollars,  to  be  recovered  in  the  man- 
ner and  applied  to  the  uses  aforesaid. 

Sect.  2.  And  be  it  further  ordained,  &c.,  That  if  any  person 
or  persons  shall  cast,  throw,  or  lay  any  carcase,  carrion,  offal,  or 
filth  of  any  kind  whatsoever,  into  any  stream  of  water  or  water- 
course running  through  this  borough,  every  person  so  offending 
shall  forfeit  a sum  of  not  less  than  five  nor  more  than  fifty  dollars, 
to  be  recovered  in  the  manner  and  applied  to  the  uses  aforesaid.— 
Passed  July  15,  1830. 

F.  B.  Nichols,  Chief  Burgess. 

Attest — Robert  Woodside,  Town  Clerk. 

XI.  AN  ORDINANCE 

For  the  regulation  of  interments  within  the  borough  of  Pottsville. 

Sect.  1.  Be  it  ordained,  &c.,  That  from  and  after  the  passing 
of  this  ordinance,  every  grave  in  which  the  body  of  any  deceased 
person  shall  be  buried  or  interred  within  the  borough  of  Pottsville, 
shall  be  of  the  following  depth,  to  wit : Every  grave  that  shall 

be  less  than  four  feet  in  length  shall  be  not  less  than  four  feet  deep, 
and  every  grave  of  a greater  length  than  four  feet  shall  be  not 
less  than  five  feet  six  inches  deep,  measuring  from  the  lowest  part 
of  the  surface  of  the  ground  surrounding  the  said  grave. 


31 


SEOr.  2.  And  be  it  farther  ordained,  &c.,  That  every  person  1830, 
who  shall  dig  or  cause  to  be  dug,  any  grave  contrary  to  the  provi- 
sions of  this  ordinance,  or  shall  bury  or  cause  to  be  buried  the 
body  of  any  deceased  person  therein,  every  person  so  offending  Penalty, 
shall  forfeit  and  pay,  for  each  and  every  offence  the  sum  of  ten 
dollars,  to  be  recovered,  with  costs,  as  debts  of  the  same  amount 
are  by  law  recoverable,  and  paid  into  the  treasury  for  the  use  of 
the  borough.  Passed  August  16,  1830. 

Robert  Woodside,  Town  Cleric. 

XII.  AN  ORDINANCE 

For  the  regulation  of  the  drivers  of  horses  and  carriages  through  the  borough  of  Potts- 

ville. 

WHEREAS  frequent  accidents  have  happened  by  the  careless- 
ness or  perverseness  of  drivers  of  carriages  and  horses  in  and 
through  the  streets  of  the  borough  of  Pottsville,  for  remedy  and 
preventation  thereof, 

1st.  Be  it  ordained,  &c.,  That  from  and  after  the  passing  of  this 
ordinance,  no  person  whatsoever  shall  sit  or  stand  upon  any  cart, 
wagon,  or  other  carriage  of  any  kind  whatsoever,  or  any  horse  or  Joi^the*0 
beast  harnessed  thereto,  in  order  to  drive  the  same,  unless  he  shall  ^rng|s°yhhecn 
have  strong  reins  or  lines  fastened  to  the  bridles  of  his  beasts,  and  driving, 
held  in  his  hands  sufficient  to  guide  and  restrain  them  from  run- 
ning, galloping,  or  going  at  an  immoderate  rate,  contrary  to  the 
provisions  of  an  ordinance,  passed  the  seventh  of  June,  1830. — 

And  all  carters,  wagoners  and  other  persons  having  the  care  of  any 
carriages  as  aforesaid,  passing  through  any  street,  lane  or  alley  of 
this  borough,  who  shall  not  hold  the  reins  in  their  hands  as  afore- ^ heSteof 
said,  shall  walk  by  the  head  of  the  shaft  or  wheel  horse,  holding  their  horses, 
or  within  reach  of  the  halter  or  bridle  of  the  said  horse,  in  order 
to  guide  or  restrain  them  in  the  manner  aforesaid;  and  each  and 
every  person  wilfully  or  negligently  offending  in  either  of  the  cases 
aforesaid,  shall  forfeit  and  pay  the  sum  of  two  dollars,  to  be  re- 
covered, with  costs,  as  debts  of  the  like  amount  are  by  law  recov- 
erable, and  paid  into  the  treasury  for  the  use  of  the  borough. 

Sect.  2.  And  be  it  further  ordained,  &c.,  That  if  any  person 
or  persons  shall  wilfully  permit  or  suffer  any  horse,  mare  or  geld- 
ing, to  go  at  large  through  the  streets,  lanes  or  alleys  of  this 
borough,  or  any  part  thereof,  every  person  or  persons  so  offending 
shall  forfeit  and  pay  for  every  such  offence  the  sum  of  two  dollars,  ena  7' 
to  be  recovered  in  the  manner  and  applied  to  the  uses  aforesaid. 

Passed  August  10,  1830. 

Robert  Woodside,  Town  Clerk . 

XIII.  AN  ORDINANCE 

Prohibiting  the  throwing  of  coal  ashes  in  the  streets,  and  for  other  purposes. 

Sect.  1.  Be  it  ordained,  &c.,  That  from  and  after  the  thirteenth 
day  of  December  next,  if  any  person  or  persons  shall  cast,  throw. 


32 


1331 . 


Coal  ashes 
Ac  not  to  be 
thrown  into 
graded  sts. 


Penalty. 


No  coal  or 
fuel  to  re- 
main in  sts 
for  more 
than  24 
hours. 


Penalty. 


1836. 


May  lay 
pipes  thro 
the  streets. 


or  lay  any  coal  dust,  coal  ashes,  or  rubbish  of  any  kind,  into  or  in 
any  street,  lane  or  alley  of  this  borough,  that  has  been  graded 
or  the  water-courses  therein  opened,  every  person  so  offending  shall 
forfeit  and  pay,  for  every  such  offence,  a sum  not  less  than  one 
nor  more  than  five  dollars,  to  be  recovered  as  debts  of  the  same 
amount  are  by  law  recoverable,  and  paid  into  the  treasury  for  the 
use  of  the  borough. 

Sect.  2.  And  be  it  further  ordained,  &c.,  That  from  an  after 
the  thirteenth  day  aforesaid,  if  any  person  or  persons  shall  place, 
or  cause  to  be  placed,  in  any  street,  lane  or  alley  mentioned  in  the 
first  section  of  this  ordinance,  any  coal  or  other  article  of  fuel  and 
cause  the  same  to  remain  more  than  twenty-four  hours,  every  such 
person  shall  forfeit  and  pay  the  sum  of  not  less  than  one  nor  more 
than  five  dollars.  But  in  no  case  shall  any  coal,  wood,  or  any  other 
article  of  fuel  be  placed  within  two  feet  of  the  gutter,  under  the 
above  penalty,  to  be  recovered  in  the  same  manner  and  applied  to 
the  same  purpose  as  is  directed  in  the  first  section  of  this  ordi- 
nance. Passed  November  28,  1831. 

Samuel  Brooke,  Brest.  Council. 

Attest — David  Candor,  Town  Clerk. 

XIV.  AN  ORDINANCE 

Relative  to  the  Pottsville  Water  Company. 

WHEREAS,  the  Pottsville  Water  Company  have  made  appli- 
cation for  the  privilege  of  laying  water-pipes  through  the  streets 
and  alleys  and  public  grounds  of  the  borough,  agreeably  to  the 
7th  section  of  the  act  of  Assembly  of  this  Commonwealth,  passed 
the  11th  day  of  April,  1834,  under  which  the  said  company  is 
incorporated  ; Therefore,  be  it  enacted  by  the  inhabitants  of  the 
borough  of  Pottsville  in  council  assembled,  That  the  Pottsville 
Water  Company  shall  have  full  power  and  authority  to  bring  and 
convey  into  the  borough  of  Pottsville,  by  means  of  pipes,  trunks, 
aquaducts  or  other  means,  some  spring  or  stream  of  water  from 
the  neighborhood  of  or  from  within  the  bounds  of  the  borough, 
and  for  the  purpose  aforesaid  the  said  company  shall  have  liberty 
at  all  times  to  dig  and  lay  pipes  or  trunks  along  the  roads  and 
highways,  and  along  the  streets,  lanes,  alleys  and  public  grounds 
of  the  borough,  and  to  renew  and  repair  the  same,  shutting  up 
and  amending  any  breach  which  they  may  make  as  soon  as  possi- 
ble, making  as  little  obstruction  to  the  public  travelling  as  the  na- 
ture of  the  work  will  admit.  Passed  May  10,  1836. 

Geo.  C.  Wynkoop,  Prest . Council. 

Attest — Edw.  Owen  Parry,  Town  Clerk. 

XV.  AN  ORDINANCE 

Prescribing  the  duties  of  the  collectors  of  taxes. 

Sect.  1.  Be  it  ordained,  &o.,  That  the  council  shall  from  time 
to  time,  and  whenever  the  same  may  be  necessary,  appoint  a 


Collector. 


33 


proper  person  to  collect  the  taxes,  rates  and  levies,  assessed,  rated  1836. 
or  levied  by  the  council  who  shall  receive  for  his  services  such 
compensation  as  the  council  from  time  to  time  by  resolution  may 
determine. 

Sect.  2.  The  collector  before  he  enters  on  the  duties  of  his 
appointment,  shall  give  a bond  with  such  surety  and  penalty  as 
shall  be  satisfactory  to  the  president  of  the  council,  and  a warrant  b°nd7war- 
to  confess  judgment  thereon  to  the  corporation  of  the  borough  of  rant  of  at-^ 
Pottsville,  conditioned  that  he  will  faithfully  and  diligently  collect  surety.’  an 
and  duly  pay  over  to  the  treasurer  of  the  borough  of  Pottsville, 
agreeably  to  the  provisions  of  the  act  of  assembly  and  of  this 
ordinance,  the  taxes  contained  in  the  duplicate  and  lists  to  be  to 
him  delivered,  excepting  such  allowances  as  shall  be  made  thereon 
by  the  council. 

Sect.  3.  The  collector  at  the  time  of  demanding  or  receiving 
any  tax,  shall  produce  the  duplicate  of  the  tax  so  demanded  or 
received,  and  immediately  on  the  receipt  thereof,  and  in  the 
presence  of  the  person  paying,  write  the  word  “paid”  therein  ^ of  ^ 
opposite  to  the  name  or  description  of  the  person  or  estate  by  or  lector  when 
for  whom  on  which  the  tax  is  paid.  The  collector  shall,  on  the 
second  Monday  succeeding  his  appointment  pay  over  to  the  treas-  taxes, 
urer,  all  sums  of  money  then  received  by  him  on  account  of  the 
said  duplicate,  and  on  every  second  Monday  thereafter,  while  the 
duplicate  remains  in  his  hands,  he  shall  pay  over  to  the  treasurer 
all  sums  of  money  received  by  him  in  the  preceding  two  weeks. 

Sect.  4.  Whenever  any  money  shall  be  paid  to  the  treasurer  by  Taxes  to  be 
the  collector,  on  account  of  a duplicate  of  taxes,  he  shall  produce  t^asurer!10 
the  duplicate  and  pay  over  and  account  for  all  such  sums  of  money 
as  shall  appear  by  the  entries  on  the  duplicate  to  have  been  paid. 

The  treasurer  shall  give  a receipt  to  the  collector  for  all  sums  of 
money  paid  by  him  into  the  treasury,  and  the  collector  shall 
deliver  the  said  receipt  to  the  town  clerk,  who  shall  retain  and 
receipt  for  the  same  and  immediately  charge  the  account  of  the^ce^Ho 
treasurer  and  credit  the  account  of  the  collector  with  the  sum  that  eguen' 
shall  appear  by  such  receipt  to  have  been  paid  into  the  treasury. 

And  the  collector  shall,  on  or  before  the  second  Monday  of  March 
succeeding  the  time  of  his  receiving  a duplicate  of  taxes  for  col-  dupi?catehen 
lection,  pay  into  the  treasury  of  the  borough  the  whole  amount  of sha11  be 
the  duplicate,  excepting  such  allowances  as  may  be  made  by  the 
council,  otherwise  the  bond  given  by  him  shall  be  forfeited. 

Passed  October  13,  1836. 

Geo.  C.  Wynkoop,  Prest.  Council . 

* Attest— EdW.  Owen  Parry,  Town  Clerk . 


XVI.  AN  ORDINANCE 

To  prohibit  the  sale  of  unwholesome  provision  within  the  borough  of  Pottsville,  and  to 
secure  cleanliness  in  the  shops  and  stands  of  persons  who  sell  provision. 

Sect.  1.  Be  it  ordained,  &c.,  That  if  any  huckster,  truckman, 
victualler,  shopkeeper,  or  other  person,  shall  sell  or  expose  to  sale, 

5 


1842. 


34 


1842.  within  the  limits  of  said  borough,  any  noxious  or  unwholesome 
vegetables,  meat,  fish,  or  other  provision,  or  if  any  keeper  of  a 
No  unwhole- shop  stall,  or  truckstand,  shall  keep  said  shop,  stall,  or  stand,  so 
rnetoPb°eV1-  same  unclean,  and  noisome  smells  are  emitted  there- 

from, he,  she  or  they,  so  offending  against  the  provisions  of  this 
ordinance,  shall  forfeit  and  be  liable  to  pay  a fine  of  not  less  than 
three  nor  more  than  five  dollars  for  each  offence. 

Sect.  2.  This  ordinance  shall  go  into  effect  from  and  after  the 
first  day  of  July,  1842.  Passed  June  21,  1842. 

Prancis  J.  Paryin,  Prest . Council 
Attest — F.  W.  Hughes,  Town  Clerk . 

XVII.  AN  ORDINANCE 

Relating  to  lamps  and  lamp  posts. 

Be  it  ordained,  &c.,  That  if  any  person  or  persons  shall  and  do, 
to  be  injur- after  the  passing  of  this  ordinance,  maliciously,  wilfully,  or  wan- 
tonly extinguish,  break,  destroy,  injure,  overthrow,  or  carry  away 
any  of  the  public  lamps,  lamp  posts,  or  any  thing  pertaining  * 
thereto,  in  any  of  the  streets,  lanes  or  alleys,  within  this  borough, 
every  such  person  so  offending,  and  every  person  aiding  and  con- 
Penaity.  cerned  in  such  offence,  shall  forfeit  and  pay  for  every  such  offence/ 
the  sum  of  five  dollars.  Passed  April  22,  1845. 

Benj.  Haywood,  Prest . Council . 
Attest- — Isaac  Beck,  Tovm  Clerk . 

XVIII.  AN  ORDINANCE 

Relating  to  awnings,  rails  and  wooden  sheds.  * 

Awning  Sect.  1.  Be  it  ordained,  &c.,  That  from  and  after  the  passing 

rails8  aDd  ^is  ordinance,  every  awning  rail  which  shall  be  and  remain 

placed  of  fixed  in  any  public  street,  lane  or  alley  of  the  borough, 
for  the  purpose  of  fastening  thereto  any  awning,  shall  be  at  least 
six  feet  four  inches  from  the  lower  side  thereof  to  the  pavement 
under  it,  and  every  person  who  shall  use  such  rail  so  placed  and 
fixed,  which  shall  not  be  of  the  height  aforesaid  above  the  pave- 
Penalty.  ment,  shall  forfeit  and  pay  the  sum  of  five  dollars. 

Sect.  2.  That  from  and  after  the  passing  of  this  ordinance,  all 
chains  and  and  every  rail  or  rails  so  placed  or  fixed  as  above  mentioned,  and 
all  chains,  bars  or  rails  between  posts  fixed  or  placed  near  the 
gutters,  in  any  street,  lane  or  alley  of  this  borough,  and  all 
wooden  sheds  over  the  pavement  in  any  street,  lane  or  alley  of 
this  borough,  are  hereby  declared  to  be  common  nuisances,  and  it 
shall  and  may  be  lawful  for  the  chief  burgess,  and  he  is  hereby 
enjoined  and  required  to  take  down  and  remove  the  same.  Passed 
April  22,  1845. 

Benj.  Haywood,  Prest . Council 
Attest — Isaac  Beck,  Town  Clerk . 


sold. 

Penalty. 


1845. 


XIX.  AN  ORDINANCE 

Prohibiting  persons  to  bring  suits  to  enforce  the  ordinances  of  the  borough  of  Potts- 
ville, unless  with  the  consent  of  the  chief  burgess. 

Be  it  ordained,  &<}.,  That  hereafter  no  person  or  persons 
shall  bring  suit  or  suits  to  enforce  the  ordinances  of  the  borough 
of  Pottsville,  or  recover  penalties  for  breaches  thereof,  unless 
with  the  consent  of  the  chief  burgess  or  borough  solicitor,  and  all 
persons  bringing  such  suits  except  the  chief  burgess,  shall  be  liable 
for  the  payment  of  costs,  in  case  the  same  shall  not  be  collectable 
from  the  defendant  or  defendants;  anything  in  former  ordinances 
to  the  contrary  is  hereby  repealed.  Passed  July  6,  1852. 

Frank  Pott,  Brest.  Council. 

Attest — James  A.  McBarron,  Town  Clerk. 

XX.  AN  ORDINANCE 

Prohibiting  persons  from  occupying  any  street  or  alley  of  the  borough  of  Pottsville  with 
cattle  for  the  purpose  of  exposing  the  same  for  sale. 

Be  it  ordained,  &e.,  That  all  persons  are  hereby  prohibited  from 
occupying  any  street  or  alley  of  the  borough  of  Pottsville  with 
cattle  for  the  purpose  of  exposing  the  same  for  sale,  under  the 
penalty  of  one  dollar  for  the  first  offence,  and  two  dollars  for  the 
second  offence,  to  be  sued  for  and  recovered  before  any  justice  of 
the  peace  in  like  manner  as  in  other  cases  for  the  recovery  of  pen- 
alties, and  that  the  owners  and  drivers  of  the  cows  and  calves  are 
hereby  prohibited  from  muzzling  their  calves,  and  if  muzzled  shall 
upon  request  remove  such  muzzles  under  the  like  penalties,  to  be 
recovered  as  aforesaid;  anything  in  former  ordinances  to  the  con- 
trary is  hereby  repealed.  Passed  July  20,  1852. 

Frank  Pott,  Brest.  Council. 

Attest — James  A.  McBarron,  Town  Clerk. 

XXL  AN  ORDINANCE 

Relating  to  butchers  and  others. 

Be  it  ordained,  &c.,  That  from  and  after  the  passing  of  this 
ordinance,  it  shall  not  be  lawful  for  butchers  or  other  persons  to 
sell  meat  of  any  kind  from  wagons,  carts,  or  other  vehicles,  or  haul 
about  or  expose  the  same  to  sale  as  aforesaid,  within  the  limits  of 
the  borough  of  Pottsville,  until  after  twelve  o’clock  of  any  day  of 
the  week  except  Saturdays,  throughout  the  whole  of  which  this 
prohibition  shall  extend,  under  the  penalty  of  three  dollars  for 
each  and  every  offence,  to  be  recovered  by  action  of  debt  for  the 
use  of  said  borough  in  like  manner  as  in  other  cases,  Brovided , 
always,  that  this  ordinance  shall  not  apply  or  extend  to  farmers 
bringing  meat,  poultry  or  other  provisions  into  the  borough  afore- 
said. Passed  December  7,  1852. 

Frank  Pott,  Brest.  Council . 
Attest — James  A.  McBarron,  Town  Clerk. 


36 


1864. 


XXII.  AN  ORDINANCE 


Guaranteeing  six  per  cent,  interest  per  annum  to  stockholders  of  the  Pottsville 
Water  Company. 


Be  it  ordained,  &c.,  That  the  provisions  of  the  ninth  section  of 
an  act  of  the  general  assembly  of  Pennsylvania,  entitled  “a  sup- 
plement to  the  act  incorporating  the  Pottsville  Water  Company, 
approved  the  eleventh  day  of  April,  Anno  Domini,  one  thousand 
eight  hundred  and  thirty-four,”  which  supplement  was  approved 
on  the  eighteenth  day  of  February,  Anno  Domini,  one  thousand 
eight  hundred  and  fifty-four,  be  and  the  same  are  hereby  fully 
approved  and  accepted  by  the  borough  of  Pottsville,  and  the  faith 
and  credit  of  the  borough  of  Pottsville  is  hereby  pledged  for  the 
fulfillment  of  the  guarantee  provided  in  said  act  of  assembly,  of 
semi-annual  dividends  to  the  stockholders  of  said  company  of  three 
per  cent,  on  the  amount  of  capital  paid  in  on  the  subscription  of 
stock  in  said  company  authorized  by  said  act,  agreeably  to  the 
provision  of  said  act.  Passed  March  21,  1854. 

C.  W.  Pitman,  Prest.  Council . 
Attest — James  A.  McBarron,  Town  Clerk . 


1855. 


XXIII.  AN  ORDINANCE 

For  the  regulation  of  party  walls  and  partition  fences. 


Founda- 

tions. 


Sect.  1.  Be  it  enacted,  &c.,  That  from  and  after  the  passing  of 
this  ordinance,  all  partition  walls  and  fences  within  the  limits  of 
said  borough,  shall  be  regulated  by  the  said  town  council. 

Council  to  Sect.  2.  The  said  council  shall  at  their  first  regular  meeting, 
appoint  per- in  May  of  every  year,  appoint  two  persons  who  shall  be  constituted 
guiators.  surveyors  or  regulators  for  the  purpose  of  fixing  and  regulating  all 
foundations,  party  walls  and  partition  fences  to  be  built,  between 
party  and  party  within'  the  limits  of  said  borough. 

Sect.  3.  The  said  surveyors  or  regulators  upon  application  to 
them  made,  shall  have  full  power  and  authority  to  enter  upon  the 
lands  of  any  person  or  persons,  in  order  to  set  out  the  foundations 
and  regulate  the  walls  to  be  built  between  party  and  party,  as  to 
the  breadth  and  thickness  thereof,  (provided  however,  that  .no 
partition  wall  shall  be  less  than  nine  inches  in  thickness,)  which 
foundation  shall  be  laid  equally  upon  the  lands  of  the  persons 
between  whom  such  party  wall  is  to  be  made,  and  the  first  builder 
shall  be  reimbursed.  One  moiety  of  the  charge  of  such  party 
wall,  or  for  so  much  thereof  as  the  next  builder  shall  have  occa- 
sion to  make  use  of  before  such  next  builder  shall  any  way  use  or 
break  into  the  said  wall,  the  charge  or  value  thereof  to  be  set  by 
the  said  regulator. 

Sect.  4.  The  said  surveyors  or  regulators  shall  have  full  power 
Authority  of  to  regulate  partition  fences  within  the  said  borough,  and  where  the 
regulators.  acy0ining  parties  do  improve  or  inclose  their  lots,  such  fences  shall 
be  made  in  the  manner  generally  used,  and  kept  in  good  repair  at 
the  equal  cost  of  the  parties,  so  that  the  price  for  making  exceeds 


37 


not  the  sum  of  five  dollars  for  every  twenty  feet,  unless  the  owners  1855* 
or  possessors  between  whom  such  fence  is  or  shall  be  erected,  do 
agree  otherwise. 

Sect.  5.  If  either  party  between  whom  such  partition  fence  is 
or  shall  be  made,  shall  neglect  or  refuse  to  pay  his  part  or  moiety  ^r^i011 
for  the  repairing  or  setting  up  of  such  partition  fence  as  aforesaid, 
then  the  party  at  whose  cost  the  same  was  so  repaired  or  set  up, 
may  have  his  action  at  law  for  the  recovery  of  the  same. 

Sect.  6.  If  any  person  shall  lay  the  foundation  or  begin  to  lay 
the  foundation  of  any  party  wall,  or  of  any  wall  adjoining,  or  upon 
the  line  of  any  public  street,  lane  or  alley  within  the  said  borough, 
before  the  line  and  boundaries  of  the  lot  or  piece  of  land 
wherever  the  said  foundation  shall  be  so  laid  or  began  to  be  laid, 
shall  be  adjusted  and  marked  out  by  the  said  regulators,  every 
such  person,  as  well  employee  as  master  builder,  shall  forfeit  the 
sum  of  ten  dollars,  one-half  part  thereof  to  the  said  borough  the  Penalty, 
other  half  to  the  use  of  the  informer  with  costs,  Provided , that 
the  suit  shall  be  commenced  within  one  year  after  the  offence  shall 
be  committed. 

Sect.  7.  The  regulators  so  to  be  appointed  as  aforesaid  for  the 
said  borough  shall  enter  in  a book  all  directions,  orders  and  awards 
by  them  made  concerning  the  boundaries  of  any  lot  or  land,  situ- t0eSeep°r 
ate  in  said  borough,  such  book  to  be  provided  for  by  said  borough,  books, 
and  every  such  order  and  award,  if  made  with  reasonable  notice 
beforehand  to  the  parties  interested  therein,  shall  be  final  to  all 
persons  unless  the  same  be  set  aside  upon  appeal  as  aforesaid,  and 
the  said  regulators  shall  in  like  manner  enter  in  the  same  book  all 
regulations  made  by  them  of  descents,  water  courses,  common 
sewers,  and  all  other  of  their  proceedings  and  actings  in  their 
office  as  regulators. 

Sect.  8.  The  said  regulators  for  their  trouble  in  regulating  and  Payforregu- 
setting  out  the  lines  of  any  lot  or  piece  of  land,  and  for  entering  0 8’ 
their  orders  and  award  concerning  the  same,  shall  be  paid  by  the 
parties  interested  therein,  one  dollar  each  and  no  more,  and  for 
surveying,  regulating  and  laying  out  any  streets,  water  courses 
and  common  sewers,  the  sum  of  two  dollars  to  each  of  them  who 
shall  be  employed  therein  for  every  day  so  employed.  Passed 
April  17,  1855. 

H.  L.  Cake,  Pro  tern.,  Brest . Council . 

Attest— Samuel  Hartz,  Town  Clerk . 

XXIV.  AN  ORDINANCE  1859, 

Regulating  the  carrying  of  gunpowder  through  the  streets  of  the  borough  of  Pottsville. 

Sect.  1.  Be  it  ordained,  &c.,  That  no  person  shall  convey  or 
cause  to  be  conveyed  through  any  of  the  streets  of  the  borough  in 
any  cart,  wagon,  or  other  carriage,  or  in  any  railroad  car,  at  any  Gunpowder 
one  time  any  greater  quantity  of  gunpowder  than  twenty-five  tobesei7e<,a 
pounds  without  a sheet  of  canvas  under,  around  and  over  the  same, 


38 


1857. 

Forfeiture. 

Gunpowder 
to  be  soid. 

Disposition 
of  the  pro- 
ceeds. 


1858* 


Heighth. 


Penalty. 


sufficient  to  prevent  the  same  from  being  scattered  from  the  said 
cart,  wagon,  carriage  or  railroad  car,  and  also  the  said  gunpowder 
completely  covered  with  woolen  stuff  to  prevent  it  being  ignited 
from  a spark  falling  upon  it,  under  the  penalty  of  forfeiture  of  the 
said  gunpowder,  and  for  every  such  offence  the  sum  of  twenty-five 
dollars  to  be  paid  by  every  person  so  offending. 

Sect.  2.  The  chief  burgess  shall  take  immediate  possession  of 
the- gunpowder  that  may  be  seized  and  forfeited  under  this  ordi- 
nance, and  remove  the  same  to  some  safe  place  and  sell  the  same, 
and  after  payment  of  the  necessary  expenses  of  the  seizure  and 
sale,  shall  pay  over  one-third  part  to  the  person  or  persons  seizing 
the  same,  and  shall  retain  one-third  part  for  his  own  compensation, 
and  shall  pay  the  remaining  third  part  into  the  treasury  for  the 
use  of  the  borough,  and  in  every  case  in  which  the  chief  burgess 
himself  may  seize  gunpowder  under  this  ordinance,  the  proceeds 
shall  be  divided  into  two  equal  parts,  one-half  to  be  retained  by 
him  and  the  other  half  paid  into  the  treasury  for  the  use  of  the 
borough. 

Sect.  3.  The  money  penalty  above  mentioned  shall  be  recovered 
as  provided  in  the  seventh  section  of  the  act  of  assembly  of  this 
Commonwealth,  passed  the  5th  day  of  April,  A.  D.,  1849,  one-half 
for  the  use  of  the  informer  and  one-half  for  the  use  of  the  borough. 

The  foregoing  ordinance  to  take  effect  on  the  twelfth  day  of 
October,  1857.  Passed  September  15,  1857. 

F.  B.  Kaercher,  Prest.  Council . 

Attest— Samuel  Hartz,  Town  Clerk . 

XXV . AN  ORDINANCE 

In  regard  to  the  erection  of  dangerous  buildings. 

Whereas  the  great  number  of  wooden  buildings  in  the  borough 
of  Pottsville  render  the  persons  and  property  of  the  inhabitants 
insecure  and  greatly  exposed  to  accidents  from  fire,  and  unless  pre- 
vented within  the  thickly  built  parts  thereof  great  danger  and 
loss  of  property,  if  not  of  life,  may  ensue  therefrom.  It  is  therefore, 

Sect.  1.  Ordained,  &c.,  That  from  and  after  the  passing  of  this 
ordinance,  no  wooden  building  that  shall  exceed  in  height  twenty 
feet  from  the  grade  of  the  street  on  which  it  is  erected,  shall  be 
erected  or  built  in  any  part  of  the  borough  of  Pottsville. 

Sect.  2.  Every  building  hereafter  erected  or  constructed  con- 
trary to  the  provisions  of  the  foregoing  section,  shall  be,  and  the 
same  is  hereby  declared  to  be  a public  and  common  nuisance. 

Sect.  3.  Every  person  who  shall  erect  or  construct,  or  cause  to 
be  erected  or  constructed,  any  building  contrary  to  the  provisions 
of  the  first  section  of  this  ordinance,  shall  forfeit  and  pay  a fine  of 
one  hundred  dollars. 

Sect.  4.  Each  and  every  person  who  shall  be  employed  in  the 
building  or  erecting  of  any  such  wooden  building,  forbidden  to  be 
erected  by  the  first  section  of  this  ordinance,  shall  forfeit  and  pay 
a fine  of  twenty  dollars. 


39 


Sect.  5.  The  fines  imposed  by  this  ordinance  shall  be  recovered 
by  suits  in  the  name  of  the  corporation  of  the  borough  of  Pottsville, 
in  accordance  with  the  act  of  assembly  in  such  cases  made  and 
provided,  to  be  instituted  by  the  chief  burgess  or  the  president  of 
the  town  council,  and  the  high  constable  and  police  officers  of  the 
borough  are  hereby  strictly  enjoined  and  required  to  give  informa- 
tion to  the  chief  burgess  or  to  the  president  of  the  council,  of 
any  violation  of  any  of  the  provisions  of  this  ordinance.  Passed 
July  13,  1858. 

Daniel  Shertle,  Prest.  Council. 

Attest — Samuel  Hartz,  Town  Clerk . 

XXVI.  AN  ORDINANCE 

To  prohibit  swine  and  goats  from  running  at  large  in  the  borough  of  Pottsville. 

Sect.  1.  Be  it  ordained,  &c.,  That  from  and  after  the  publica* 
tion  of  this  ordinance,  any  goats  or  any  swine  running  at  large  in 
the  borough  aforesaid,  shall  be  taken  up  and  placed  in  the  pound 
erected  for  that  purpose. 

Sect.  2.  That  all  swine  or  goats  taken  and  enclosed  for  viola- 
tion of  this  ordinance  shall  be  kept  in  the  pound  for  the  space  of 
two  days,  unless  before  that  time  the  owner  upon  proof  being 
made,  redeem  the  same  by  payment  of  all  the  costs  that  may  have 
accrued  ; but  if  no  owner  appear  within  the  time  above  men- 
tioned, said  swine  or  goats  shall  be  forfeited  and  sold  for  the  use 
of  the  borough. 

Sect.  3.  That  it  shall  be  the  duty  of  the  chief  burgess  to  see 
this  ordinance  carried  into  strict  effect,  to  purchase  food  and  have 
the  animals  properly  cared  for ; and  he  is  hereby  authorized  to 
employ  persons  to  capture  all  swine  and  goats  found  running  at 
large  in  violation  of  this  ordinance,  and  to  pay  the  persons  so 
employed  such  sums  for  the  capturing  and  delivering  of  said 
swine  and  goats  in  the  pound  as  the  council  may  from  time  to  time 
deem  expedient. 

Sect.  4.  That  the  ordinance  enacted  May  15,  A.  D.,  1828, 
entitled  “an  ordinance  prohibiting  swine  from  running  at  large 
in  the  borough  of  Pottsville,”  be,  and  the  same  is  hereby  repealed. 
Passed  August  2,  1859. 

D.  E.  Nice,  Prest . Council . 

Attest — A.  K.  Whitner,  Town  Clerk. 

XXVII.  AN  ORDINANCE 

To  prevent  dogs  from  running  at  large  in  the  borough  of  Pottsville. 

Sect.  1.  Be  it  ordained,  &c.,  That  no  dog  shall  be  allowed  to* 
go  at  large  in  the  borough  aforesaid,  without  having  around  its 
neck  a collar  of  leather  or  metal,  on  which  shall  be  inscribed  the 
name  of  the  owner  of  such  dog,  and  that  during  the  months  of 
June,  July  and  August,  all  dogs  shall  be  securely  muzzled,  but 


1858. 


1859. 


40 


1859*  nothing  herein  contained  shall  be  construed  to  permit  any  female 
dog  when  in  heat  to  run  at  large  in  the  borough  of  Pottsville. 

Sect.  2.  That  all  dogs  found  running  at  large  in  the  borough 
of  Pottsville,  in  violation  of  this  ordinance,  shall  be  taken  up  and 
placed  in  the  public  pound  erected  for  that  purpose,  and  unless  by 
the  payment  of  all  costs  that  may  have  accrued  they  are  redeemed 
by  the  owner  within  twenty-four  hours  from  the  time  of  their 
being  impounded,  they  shall  be  taken  out,  killed  and  buried. 

Sect.  3.  That  it  shall  be  the  duty  of  the  chief  burgess  to  see 
this  ordinance  carried  into  strict  effect,  and  he  is  hereby  authorized 
to  employ  persons  to  capture  and  destroy,  according  to  the  provi- 
sions herein  contained,  all  dogs  found  in  violation  of  this  ordinance, 
and  pay  to  the  persons  employed  such  sums  for  the  capturing,  kill- 
ing and  burial  as  the  council  may  from  time  to  time  deem  expedient. 

Sect.  4.  That  the  ordinance  enacted  the  30th  day  of  May,  A. 
D.,  1848,  entitled  “an  ordinance  in  reference  to  dogs,”  and  all 
former  ordinances  in  relation  to  dogs  be,  and  they  are  hereby 
repealed.  Passed  August  2,  1859. 

D.  E.  Nice,  Prest.  Council . 

Attest — A.  K.  Wbitner,  Town  Clerk . 

XXVIII.  AN  ORDINANCE 

For  the  better  regulation  of  streets  and  sidewalks  in  the  borough  of  Pottsville. 

Be  it  ordained,  &c.,  That  from  and  after  the  publication  of  this 
ordinance,  all  persons  occupying  or  owning  property  in  any  of  the 
streets  of  the  borough  of  Pottsville,  whose  grades  have  been  laid 
out  and  the  same  adopted  by  resolution  of  the  town  council  of  the 
borough  aforesaid,  or  which  may  hereafter  be  laid  out  and  accept- 
ed by  the  same,  shall  have  their  curbs  set,  pavements  made  and 
gutters  paved,  in  accordance  with  the  following  regulations  which 
are  hereby  declared  to  be  general : 

1.  The  outside  of  the  curbstone  shall  be  placed  on  the  lines 
Regulations  mentioned  for  the  width  of  the  pavements  in  the  several  streets, 
curbsfpave-and  shall  be  at  least  four  feet  long,  two  feet  six  inches  wide  and 
ments,  and  six  inches  thick  at  the  top.  The  fronts  and  ends  of  said  stones 
gutters.  shaii  be  dressed  smooth  for  a breadth  of  nine  inches  from  the  top. 

The  top  must  also  be  dressed  straight  and  smooth  and  brought  to 
a uniform  thickness  of  six  inches  by  dressing  the  back  of  the 
breadth  by  two  and  a half  inches.  The  top  of  the  stone  shall  be 
so  levelled  as  to  have  the  same  rise  as  the  pavement,  and  the  stone 
set  so  that  the  front  shall  lean  back  one  and  a half  inches  to  the 
foot  rise. 

2.  The  sidewalks  or  footways  between  the  curbstones  and  line 
footways8  & °f  sfcreets  shall  be  cut  down  or  filled  up  so  as  to  correspond  with 

the  rise  and  fall  thereof;  and  shall  be  paved  with  well  burnt  bricks 
or  flagstone,  and  shall  have  a rise  of  half  an  inch  to  the  foot,  from 
the  curbstone  to  the  line  of  the  street ; provided,  that  in  front  of 
any  lots  not  actually  built  upon,  the  sidewalks  or  footways  shall 


41 


1859. 


not  be  required  to  be  paved  to  a greater  width  than  five  feet  from 
the  curbstone,  the  residue  of  such  sidewalks  or  footways  from  the 
said  pavement  to  the  line  of  the  street,  being  lined  with  gravel  so 
as  to  support  the  pavement.  This  proviso  is  not  to  apply  to  Cen- 
tre street  in  the  borough  of  Pottsville. 

3.  A gutter  three  feet  wide  shall  be  paved  outside  of  the  curb- 
stone with  brick  or  stone,  supported  on  the  outer  side  by  flat  stone  ^ers°f 
sunk  on  edge  into  the  earth,  and  the  bottom  cf  said  gutter  to  be 

nine  inches  below  the  top  of  the  curbstone. 

4.  No  person  shall  set  or  cause  to  be  set  any  curbstones,  or  pave, 
or  cause  to  be  paved  any  gutters,  or  make  or  cause  to  be  made  any 
pavements  in  any  street  of  which  the  grade  has  been  fixed  by  the 

town  council,  until  the  grade  and  place  thereof  shall  be  given  by  ®rr^set°fbe 
the  borough  surveyor  or  a person  appointed  by  the  council  for  that  given, 
purpose.  The  expense  thereof  shall  be  borne  by  the  property 
holders  in  front  of  whose  lots  the  same  shall  be  given,  and  any 
person  who  shall  set  or  cause  to  be  set  any  curbstones,  or  shall  make 
or  cause  to  be  made  any  pavements,  or  shall  pave  or  cause  to  be 
paved  any  gutters,  contrary  to  the  provisions  of  this  ordinance, 
shall  for  every  offence  forfeit  and  pay  a penalty  of  twenty  dol-  PenaUy’ 
lars.  provided  the  same  be  not  on  the  grade  line,  to  be  collected 
and  paid  into  the  treasury  for  the  use  of  the  borough. 

5.  All  gas  stops,  water  stops  and  awning  posts  must  be  placed  Regulating 
immediately  inside  of  the  curbstones.  The  top  of  the  gas  and gas  stops’ 
water  stops  to  be  on  a level  with  the  pavement,  and  any  person 

i * * •/  x water  stODS 

placing  or  causing  to  be  placed  any  stops  or  awning  posts  contrary  &c. 
to  the  provisions  of  this  ordinance,  shall  remove  the  same  and  for- 
feit and  pay  a penalty  of  five  dollars  for  each  and  every  offence  to  Penalty, 
be  collected  and  paid  for  the  use  of  the  borough,  and  all  stops  now 
placed  shall  be  cut  down  to  the  level  of  the  pavement. 

6.  Not  more  than  six  feet  of  pavement  from  the  line  of  the  Doorsteps, 
street  shall  be  allowed  for  door  steps  or  cellar  doors,  when  doors* 
the  pavements  are  fifteen  feet  or  more  in  width  ; for  pavements 

that  are  from  seven  to  twelve  feet  wide  the  allowance  shall  be  three 
feet,  and  for  all  pavements  from  four  to  seven  feet  the  allowance 
shall  be  eighteen  inches. 

o No  excava- 

7.  No  person  shall  dig  or  cause  to  be  dug  any  excavation  what-^  to^be^ 
ever  in  any  of  the  streets,  lanes  or  alleys  in  the  borough  of  Potts- awrUten°U 
ville,  without  first  obtaining  a written  permit  from  the  chairman  of 

the  street  committee,  or  in  his  absence,  from*  a member  of  the  man  of  the 
same ; Provided , that  the  officers  of  the  Pottsville  water  company,  ^ttee?0m" 
or  the  Pottsville  gas  company  shall  not  be  required  to  obtain  a 
permit.  When  the  purpose  for  which  the  excavation  was  made  in 
the  streets  is  completed,  the  person  or  corporation  making  the  Excavations 
same  shall  have  the  opening  so  made,  filled  up  immediately,  beat- to  be  filled 
ing  down  carefully  and  firmly  the  earth  thrown  in,  leaving  the  ateiy^fte^1' 
street  at  its  proper  grade  and  in  as  good  a condition  as  it  was  be- the  street  is 
fore  the  excavation  was  begun.  For  each  and  every  violation  of  comPleted- 


1869. 


42 


this  ordinance,  the  party  so  offending  shall  pay  a penalty  of  twenty 
ena  y‘  dollars,  to  be  collected  and  paid  into  the  treasury  for  the  use  of 
the  borough. 

No  stands  to  8,  No  person  shall  erect  any  stand  either  on  the  sidewalks  or 
on  theCs?de-  public  streets  of  the  borough  of  Pottsville,  or  make  use  of  any 
WubUc  sts  in  wa®0n>  or  ot^er  ve^ic^e  for  the  purpose  of  crying  out  and 
the  borough  vending  any  patent  medicine  or  any  other  article  whatever.  The 
of  Pottsville  burgess  is  hereby  authorized  and  instructed  to  keep  the  sidewalks 
and  public  streets  open  for  passengers  and  travellers,  and  any 
huckster  or  vender  of  goods,  refusing  to  clear  the  sidewalks  in 
front  of  his  stand  for  passengers,  or  causing  the  footways  or  side- 
walks to  be  blocked  up  in  exhibiting  or  selling  his  produce  or 
Penalty,  goods,  shall  for  each  and  every  offence  forfeit  and  pay  the  sum  of 
five  dollars,  to  be  collected  and  paid  into  the  treasury  for  the  use 
of  the  borough. 

Ail  areas  9.  All  areas  and  steps,  leading  below  the  level  of  the  pavement 
vault  grates  shall  be  protected  by  railings,  and  all  gratings  over  vaults  shall  be 
ted* bPraiiC*  securety  in  such  a manner  as  to  render  the  passage  of  the 

ings  y ' streets  safe  at  all  times,  and  if  any  owner  of  property  or  tenant  of 
such  property,  where  the  owner  thereof  is  a non-resident  of  the 
borough,  shall  neglect  or  refuse  to  protect  such  areas  or  steps  with 
sufficient  railing,  or  to  cause  such  vault  grates  to  be  scurely  fixed, 
Penalty,  such  owner  or  tenant  shall  be  liable  to  a penalty  of  five  dollars  for 
every  day  after  notice  shall  be  given  by  the  chief  burgess  or  any 
member  of  the  town  council,  that  such  areas,  steps,  or  grate  vaults 
are  in  an  unsafe  or  dangerous  condition. 
drahi8D&ct0  ^ra*n  be  ma4e  from  any  cesspool  or  privy  vault  into 

any  of  the  culverts  of  the  borough  without  permission  first  ob- 
tained from  the  town  council  at  a stated  meeting,  under  a penalty 
of  twenty  dollars  for  every  such  offence,  and  no  person  shall  be 
allowed  to  deposit  tan  or  any  refuse  in  any  of  the  water  courses  or 
Penalty.  public  drains  in  the  borough  of  Pottsville,  under  a like  penalty  of 
twenty  dollars  for  every  such  offence. 

The  manner  H.  The  fines  and  penalties  imposed  by  this  ordinance  shall  be 
fines  & pen-  recovered  by  suits  in  the  name  of  the  corporation  of  the  borough 
be^recover’d  °^'  Pottsville,  in  accordance  with  the  acts  of  assembly  in  such 
case  made  and  provided,  to  be  instituted  by  the  direction  of  the 
chief  burgess  or  president  of  the  town  council.  Passed  Septem- 
ber 20,  1859. 

D.  E.  Nice,  Prest.  Council . 

Attest — A.  K.  Whitner,  Town  Cleric. 


I860. 


XXIX.  SUPPLEMENT 


To  an  ordinance  for  the  better  regulation  of  streets  and  sidewalks  in  the  borough  of 
Pottsville,  passed  the  twentieth  day  of  September  A.  D.,  1859. 

Be  it  ordained,  &c.,  That  from  and  after  the  publication  of  this 
ordinance,  it  shall  not  be  lawful  for  any  person  or  persons  to  attach 
or  cause  to  be  attached  to  any  awning  post  or  railing,  or  suspend 


43 


I860. 


-therefrom  at  a greater  distance  than  three  feet  from  the  house  or  Regulating 
premises  occupied  by  him,  her  or  them,  any  goods,  meat,  fish, 8ionofPen" 
poultry,  market  truck,  merchandise,  or  any  article  whatever,  under  ^°^“eat 
a penalty  of  two  dollars  for  every  such  offence,  to  be  collected  for  houses, 
the  use  of  the  borough  as  debts  of  a like  amount  are  now  by  law 
recoverable  ; Provided , that  in  streets  in  which  the  sidewalks  are  Proviso, 
not  of  a greater  width  than  six  feet,  no  articles  as  aforesaid  shall 
be  attached  or  suspended  as  aforesaid,  at  a greater  distance  than 
eighteen  inches  from  the  house  or  premises  occupied  as  aforesaid, 
under  the  above  penalty.  Passed  February  21,  1860.  Penalty, 

D.  E.  Nice,  Prest.  Council. 

Attest — A.  K.  Whitner,  Town  Clerk. 

XXX.  AN  ORDINANCE 

Supplementary  to  au  ordinance  passed  the  31st  day  of  May,  A.  D.,1S30,  entitled  “an 
ordinance  declaring  several  streets  to  be  public  highways  and  for  other  purposes.” 

Sect.  1.  Be  it  ordained,  &c.,  That  from  and  after  the  passage  Relating  to 
of  this  ordinance,  any  person  or  persons  intending  to  erect  or  re-  ^pairing0* 
pair  any  house,  wall  or  building  within  this  borough,  and  desiring  buildings, 
to  occupy  part  of  the  street  by  placing  a lime  house  or  materials 
for  building  thereon,  shall  apply  to  the  chief  burgess,'  or  in  his 
absence,  to  the  chairman  of  the  street  committee,  who  shall  view 
the  place,  and  if  he  thinks  it  necessary  to  have  a lime  house  or  to 
lay  building  materials  in  the  street,  he  shall  allot  such  part  of  the 
street  as  he  shall  think  necessary  and  proper  to  accommodate  the 
owner  or  owners,  and  shall  give  him  or  them  a written  permit  de- 
scribing the  space  to  be  used,  he,  she  or  they  paying  for  such  per- 
mit the  sum  of  one  dollar  and  fifty  cents  for  each  and  every  month 
it  may  be  deemed  necessary  to  occupy  the  street  for  that  purpose, 
but  no  permit  shall  be  issued  for  a part  of  a month  for  a less  sum 
than  one  dollar  and  fifty  cents,  and  nothing  herein  contained  shall 
be  so  construed  as  to  allow  the  depository  of  building  materials  in 
the  gutter. 

Sect.  2.  Any  person  or  persons  placing  building  materials  in  matedaL^o 
any  of  the  public  streets  or  alleys  in  the  borough  of  Pottsville,  be  placed  in 
without  first  obtaining  a permit  of  the  chief  burgess,  or  in  his  ab-  gt^without: a 
sence,  of  the  chairman  of  the  street  committee,  shall  be  deemed  permit  from 
guilty  of  committing  a nuisance,  and  shall  forfeit  and  pay,  for  the the  burgess* 
use  of  the  borough,  a fine  not  exceeding  two  dollars  for  every  Penalty, 
twenty-four  hours  such  materials  remain  in  the  streets  after  notifi- 
cation to  remove  the  same. 

Scot.  3 That  section  3d  of  the  ordinance  entitled,  “an  ordi-  Repeal, 
nance  declaring  several  streets  to  be  public  highways  and  for  oth- 
er purposes,”  be,  and  the  same  is  hereby  repealed.  Passed  June 
12,  1860. 

Benj.  Haywood,  Prest.  Council . 

Attest — A.  K.  Whitner,  Town  Clerk . 


44 


Application 
for  drains. 


1861.  XXXI.  AN  ORDINANCE 

Relating  to  the  culverts  in  the  borough  of  Pottsville. 

Sect.  1.  Be  it  ordained,  &c.,  That  no  opening  shall  be  made 
into  any  of  the  borough  culverts  excepting  for  borough  purposes, 
by  any  person  without  a permit  in  writing  signed  by  the  town 
clerk,  which  permit  shall  not  be  given  until  the  applicant  shall 
deliver  to  the  town  clerk  an  application  for  such  permit,  endorsed 
by  at  least  two  members  of  the  street  committee,  as  decided  in  the 
second  section  of  this  ordinance,  and  a receipt  of  the  treasurer  of 
the  borough  for  five  dollars  paid  into  the  treasury  of  the  borough 
for  such  permit. 

Sect.  2.  Any  person  being  the  owner  of  a house  or  lot  of 
ground  near  to  any  borough  culvert,  and  desirous  of  connecting  a 
drain  from  such  property  with  such  culvert,  may  present  an  appli- 
cation in  writing  to  the  street  committee  stating  the  property  from 
which  the  drain  is  purposed  to  be  made,  the  size  of  the  drain, 
and  the  purpose  for  which  the  drain  is  intended,  and  if  the  street 
committee,  upon  due  consideration  of  the  matter,  are  of  opinion 
that  the  application  should  be  granted,  they  shall  endorse  upon  the 
application  the  words  u granted,”  and  the  date  on  which  the  same 
is  done,  and  they  or  any  two  of  them  shall  sign  their  names  to  the 
endorsement,  which  shall  be  the  warrant  for  the  treasurer  to  receive 
from  the  applicant  the  charge  for  the  permit  and  to  the  town  clerk 
for  issuing  the  same. 

Sect.  3.  The  permit  granted  as  aforesaid,  shall  be  an  authority 
for  the  applicant  to  lay  the  drain  mentioned  in  the  application  in 
the  streets,  and  to  make  the  connection  with  the  culvert  designated 
under  the  direction  of  the  street  committee  or  such  person  as  they 
appoint. 

Sect.  4.  The  permit  granted  as  aforesaid,  is  granted  only  and 
shall  be  accepted  by  the  applicant  only  upon  the  condition  that  no 
claim  or  action  against  the  borough  shall  ever  be  made  or  institu- 
ted for  any  damages  or  injury  that  may  be  sustained  in  consequence 
of  the  said  drain  being  cut  off,  or  rendered  useless  from  the  cul- 
vert or  culverts  of  the  borough  being  at  any  time  removed  or  the 
grade  or  size  thereof  altered,  or  from  any  other  cause  whatever,  or 
from  any  obstruction  in  the  said  culverts,  whether  the  same  shall 
result  from  accident  or  negligence  on  the  part  of  the  borough  or 
its  officers,  or  from  any  other  cause  whatever,  and  the  granting  of 
such  permit,  and  the  making  of  any  connection  under  it  shall  not 
prevent  the  borough  from  having  the  absolute  and  entire  control  of 
the  culvert  into  which  any  drain  may  be  made  as  fully  as  if  the 
permit  had  never  been  granted. 

Penalty.  Sect.  5.  If  any  connection  be  made  into  any  of  the  culverts  of 
the  borough  by  any  person  or  persons  without  a permit  as  above 
provided,  each  and  every  person  ordering,  directing  or  making 
such  drain  as  owner  of  the  premises,  tenant,  occupier,  agent,  con- 
tractor, workman  or  laborer,  or  otherwise,  shall  forfeit  and  pay  a 


Permit  to  be 
sufficient 
authority  to 
connect 
drains  with 
culverts. 


Conditions 
on  which 
permits  are 
to  be  grant- 
ted. 


45 


fine  of  not  less  than  ten  nor  more  than  fifteen  dollars,  to  be  recov-  1861. 
ered  in  the  manner  directed  by  the  act  of  assembly  in  such  cases 
made  and  provided,  and  the  connection  so  made  shall  be  cut  off  at 
the  expense  of  the  persons  ordering,  directing  or  making  the  same, 
or  any  of  them. 

Sect.  6.  The  town  council  expressly  reserves  the  right  to  cut  Reservation 
off  any  drain  that  may  be  made  under  any  permit,  wherever,  in  councU.0^ 
the  opinion  of  the  town  council,  it  is  necessary  for  the  public  in- 
terest that  the  same  shall  be  done,  and  from  time  to  time  to  make 
such  rules  and  regulations  relating  to  drains  connecting  with  any 
borough  culvert  as  they  may  deem  proper.  Passed  Nov.  5,  1861. 

Milton  Boone,  Prest . Council . 

Attest — A.  K.  Whitner,  Town  Clerk . 


NXXII.  AN  ORDINANCE 


Relating  to  the  market  and  sales  of  marketing  in  the  borough  of  Pottsville. 

Sect.  1.  Be  it  ordained,  &c.,  That  the  market  hours  in  the  bo- 
rough of  Pottsville  are  hereby  declared  to  be  as  follows  : — From 
the  first  day  of  October  until  the  first  day  of  April,  every  day  ex- 
cepting Sunday,  until  eleven  o’clock  in  the  forenoon  ; and  from 
the  first  day  of  April  until  the  first  day  of  October,  every  day  ex- 
cepting Sunday,  until  nine  o’clock  in  the  forenoon,  and  no  person 
or  persons  shall,  during  market  hours,  buy  or  cause  to  be  bought  in 
gross  and  for  the  purpose  of  selling  again,  any  article  of  provision, 
vegetable,  fruit  or  other  article  or  marketing,  excepting  only  flour, 
meal,  corn,  wheat,  rye,  oats,  or  other  grains,  under  a penalty  of 
five  dollars. 

Sect.  2.  Each  and  every  person  selling  any  article  of  provision 
or  marketing  from  any  wagon,  sled  or  vehicle  in  any  street  or  alley 
of  this  borough,  shall  place  such  wagon,  sled  or  vehicle  near  to 
the  curbstone,  and  in  such  a manner  as  not  to  obstruct  the  travel- 
ing on  the  streets,  and  not  to  obstruct  the  crossings  under  the 
penalty  of  five  dollars  for  each  offence. 

Sect.  3.  All  butter  and  lard  or  any  other  article  of  accustomed 
weight  or  given  measure,  exposed  for  sale  within  the  borough  shall, 
if  found  deficient  in  weight  or  measure  by  the  chief  burgess,  be 
seized  by  him  and  forfeited  for  the  use  of  the  borough. 

Sect.  4 If  any  person  shall  sell  or  expose  to  sale  within  the 
limits  of  the  borough  any  beef,  pork,  mutton,  lamb,  veal,  poultry, 
fish  or  other  article  of  food  that  shall  be  found  to  be  diseased, 
tainted,  blown,  stale,  or  unwholesome,  or  in  any  manner  rendered 
unfit  for  use,  or  any  veal  which  when  killed  shall  not  have  been  of 
the  age  of  four  weeks,  such  articles  shall  be  forfeited,  and  the  of- 
fender or  offenders  shall  incur  a penalty  of  five  dollars  for  the  first 
offence,  and  for  each  repetition  of  the  offence  the  penalty  of  ten 
dollars. 

Sect.  5.  The  ordinance  entitled  u An  ordinance  for  the  regula- 
tion of  markets  in  the  borough  of  Pottsville,”  pased  August  6, 


Hours  for 
Markets. 


Penalty. 


Regulations 
for  placing 
vehicles. 


Penalty. 

Marketing 
to  be  of  full 
weight  and 
measure. 


Unwhole- 
some food  to 
be  forfeited. 


Penalty, 


Repeal  of 
former  ordi- 
nance. 


46 


1861.  1861,  and  all  former  ordinances  relating  to  markets  in  the  borough 

of  Pottsville  are  hereby  repealed.  Passed  December  20,  1861. 

Jeremiah  Reed,  Prest . Council . 
Attest— A.  K.  Whitner,  Town  Clerk . 


(Sririnsncts  f einting  to  % ®htmtmn  af  % fSnssage  af 
% streets  bg  Crnlwbs  nr  Magnus. 


1858. 


XXXIII.  AN  ORDINANCE 


To  prevent  annoyance  to  persons  passing  through  the  streets  of  Pottsville. 


Crowds de-  Sect.  1.  Beit  ordained,  &c.,  That  all  crowds  and  assemblies  of 
dared  nui-  idle  menandboysat  the  corner  of  the  streets,  or  on  the  sidewalks, 
sances.  or  jQ  fronjj  0f  places  0f  religious  worship  within  the  borough, 
whereby  the  passage  of  the  footways  are  obstructed,  are  hereby  for- 
bidden and  declared  to  be  common  nuisances,  and  each  and  every 
person  in  such  crowds  or  assemblies,  wilfully  affending  against 
pine  this  ordinance,  shall  be  liable  to  a fine  of  one  dollar,  to  be  recovered 
in  the  manner  directed  by  the  act  of  April  15,  1855,  to  be  paid 
into  the  treasury  for  the  use  of  the  borough. 

Dut  of  the  ®ECT*  2.  The  chief  burgess  is  hereby  authorized  to  institute  all 
burgess. 1 16  suits  for  the  penalty  imposed  by  this  ordinance  in  the  name  of  the 
corporation  of  the  borough  of  Pottsville.  Passed  June  1,  1858. 

Daniel  Schertle,  Prest.  Council . 

Attest — Samuel  Hartz,  Town  Clerk . 


XXXIY.  AN  ORDINANCE 

Regulating  market  wagons. 

streets^not  Be  ft  ordained,  &c.,  That  all  persons  bringing  produce  or  provi- 
strnc  ed  by  sions  for  sale  in  wagons  or  other  vehicles,  may  sell  the  same  out  of 
gonskJtWa"  wagons  or  vehicles  at  the  sides  of  the  road  way  near  to  the 
curbstone  of  the  several  streets,  and  shall  not  permit  nor  suffer 
their  wagons  or  vehicles  to  stand  in  or  near  the  middle  of  the 
streets,  and  if  any  person  or  persons  shall  refuse  to  remove  their 
wagon  or  vehicle  to  the  side  of  the  street  near  to  the  curbstone 
when,  or  as  directed  by  the  chief  burgess  or  by  the  high  constable, 
Penalty,  every  such  person  shall  forfeit  and  pay  the  sum  of  five  dollars,  to 
to  be  recovered  by  suit  in  the  name  of  the  corporation  of  the  bo- 
rough of  Pottsville,  according  to  the  provisions  of  the  acts  of  as- 
sembly in  such  case  made  and  provided,  and  when  recovered  to  be 
paid  into  the  treasury  for  the  use  of  the  borough.  Passed  De- 
cember 7,  1858. 

Daniel  Schertle,  Prest.  Council. 

Attest — Samuel  Hartz,  Town  Clerk. 


47 


lire  f tap. 


XXXV.  AN  ORDINANCE  1858. 

To  prevent  persons  from  interfering,  meddling  with  or  using  the  fire  plugs  in  the  borough 
of  Pottsville. 

Be  it  ordained,  &c,  That  any  person  or  persons  who  shall  inter- ^^ating 
fere  or  meddle  with  or  use  any  of  the  fire  plugs  within  the  limits  1 P ' 
of  the  said  borough,  excepting  the  regular  members  of  either  the 
engine  or  hose  companies,  during  the  time  of  fires,  and  for  the 
purpose  of  washing  their  machinery  or  hose,  without  the  written 
consent  of  a member  of  the  committee  on  fire  apparatus,  shall  be 
liable  to  a fine  of  twenty  five  dollars,  to  be  recovered  in  the  manner  Penalty, 
directed  by  the  act  of  April  15,  1855,  for  the  use  of  the  borough. 

Passed  September  7, 1858. 

Daniel  Schertle,  Prest.  Council . 

Attest — Samuel  Hartz,  Town  Clerk . 


©dmratttts  Mto  in  Jam. 


A SUPPLEMENT 

To  the  ordinance  for  the  regulation  of  slaughterhouses.  (Relating 
to  Philip  Brill’s  slaughter  house.)  Passed  April  21,  1837.  Or- 
dinance book,  page  17. 

AN  ORDINANCE  i84t. 

For  regulating,  curbing  and  paving  the  sidewalks  and  gutters 
in  Mahantongo  street.  Passed  August  18,  1841.  Ordinance 
book,  page  22. 

AN  ORDINANCE  i84S# 

For  regulating,  curbing  and  paving  Market  street,  from  Centre 
street  to  the  upper  culvert,  and  Adams  street  from  Market 
street  to  High  street.  Passed  May  26,  1843.  Ordinance  book, 
page  24. 

AN  ORDINANCE 

For  regulating,  curbing  and  paving  the  sidewalks  and  gutters  in 
part  of  Centre  and  Railroad  streets.  Passed  July  25, 1843.  Or- 
dinance book,  page  26. 

AN  ORDINANCE 

Establishing  the  grade  and  fixing  the  width  of  the  sidewalks  or 
footways  in  Downing  street.  Passed  May  4,  1858.  Ordinance 
book,  page  42. 


48 


1858. 


1859. 


AN  ORDINANCE 

Establishing  the  grade  and  fixing  the  width  of  the  sidewalks  in 
part  of  Adams  street.  (The  first  section  of  this  ordinance  estab- 
lishing the  grade  was  repealed  by  ordinance  of  September  7, 

1858. )  Passed  May  4,  1858.  Ordinance  book,  page  42. 

AN  ORDINANCE 

Establishing  the  grade  and  fixing  the  width  of  the  sidewalks  in  a 
part  of  Harrison  street.  Passed  May  4,  1858.  Ordinance  book, 
page  43. 

AN  ORDINANCE 

Establishing  the  grade  and  fixing  the  width  of  the  sidewalks  or 
footways  in  a part  of  Spring  street.  Passed  May  4;  1858.  Or- 
dinance book,  page  43. 

AN  ORDINANCE 

Establishing  the  grade  and  the  width  of  the  foot  pavements  in 
High  street  westward  of  Third  street.  Passed  July  6,  1858. 
Ordinance  book,  page  44. 

AN  ORDINANCE 

Establishing  the  grade  and  foot  pavements  in  Hill  street  from 
High  street  to  Harrison  street.  Passed  July  6,  1858.  Ordi- 
nance book,  page  45. 

AN  ORDINANCE 

Altering  the  grade  in  Adams  street  between  Sanderson  and  Har- 
rison streets.  Passed  Sept.  7,  1858.  Ordinance  book,  page  46. 

AN  ORDINANCE 

Establishing  the  grade  of  pait  of  Washington  street.  Passed 
October  5,  1858.  Ordinance  book,  page  47. 

AN  ORDINANCE 

Establishing  the  grade  and  width  of  foot  pavements  in  Arch 
street  between  George  and  Jackson  streets.  Passed  May  3, 1859. 
Ordinance  book,  page  48. 

AN  ORDINANCE 

Establishing  the  grade  in  East  Centre  street  in  Greenwood  Addi- 
tion, between  Washington  and  Jefferson  streets.  Passed  July  19, 

1859.  Ordinance  book,  page  48. 

AN  ORDINANCE 

Establishing  the  grade  in  Coal  street  and  part  of  Market  street 
in  Morris’s  Addition  to  Pottsville.  Passed  July  19,  1859.  Or- 
dinance book,  page  49. 

AN  ORDINANCE 

Establishing  the  grade  in  Sanderson  street.  Passed  July  19, 
1859.  Ordinance  book,  page  50. 


49 


+ 


AN  ORDINANCE  lS59. 

Establishing  the  width  of  sidewalks  or  foot  pavements  in  Mauch 
Chunk  street.  Passed  September  6;  1859.  Ordinance  book, 
page  52. 

AN  ORDINANCE 

Establishing  the  grade  and  fixing  the  width  of  the  sidewalks  in 
parts  of  George  and  East  Market  streets  in  the  borough  of  Potts- 
ville.  Passed  September  6,  1859.  Ordinance  book,  page  52. 

AN  ORDINANCE 

Establishing  the  width  of  foot  pavements  in  a part  of  Callowhill 
street.  Passed  November  15,  1859  Ordinance  book,  page  56. 

AN  ORDINANCE.  i860. 

Establishing  the  width  of  footways  in  Minersville  street.  Passed 
June  19,  1860.  Ordinance  book,  page  58. 

AN  ORDINANCE 

Regulating  the  foot  pavements  in  Schuylkill  avenue.  Passed 
August  7,  1860.  Ordinance  book,  page  58. 

AN  ORDINANCE 

Regulating  the  width  of  footways  in  Church  alley,  Lyons  street 
and  parts  of  Coal  and  Callowhill  streets.  Passed  September  4, 

1860.  Ordinance  book,  page  59. 

AN  ORDINANCE.  1863. 

Regulating  the  pavements  and  curbing  in  parts  of  Coal  and  Union 
streets.  Passed  June  3,  1862.  Ordinance  book,  page  65. 

AN  ORDINANCE 

Regulating  the  foot  pavements  and  curbing  in  East  Market  street, 
between  Jackson  and  Tremont  streets.  Passed  August  5,  1862. 
Ordinance  book,  page  66. 


$ci  flf  JlssmMg  feinting  to  fpnnitipl  (Miters. 

ACT  OP  MARCH  81,  1860.  1860. 

Pamphlet  Laws  399. 

( Penalty  for  embezzlement  of  'public  funds.') 

Sect.  65.  If  any  state,  county,  township  or  municipal  officer  of  Embezzie- 
this  commonwealth,  charged  with  the  collection,  safe  keeping,  trails-  ™ce|^&ub 
fer  or  disbursement  of  public  money,  shall  convert  to  his  own  use, 
in  any  way  whatsoever,  or  shall  use  by  way  of  investment  in  any 
kind  of  property  or  merchandise,  any  portion  of  the  public  money 


50 

1860.  intrusted  to  him  for  collection,  safe  keeping,  transfer  or  disburse- 
ment, or  shall  prove  a defaulter,  or  fail  to  pay  over  the  same  when 
thereunto  legally  required  by  the  state,  county  or  township  trea- 
surer, or  other  proper  officer  or  person  authorized  to  demand  and 
receive  the  same,  every  such  act  shall  be  deemed  and  adjudged  to 
be  an  embezzlement  of  so  much  of  said  money  as  shall  be  thus 
taken,  converted,  invested,  used  or  unaccounted  for,  which  is  here- 
by declared  a misdemeanor  ; and  every  such  officer,  and  every 
person  or  persons  whomsoever  aiding  or  abbetting,  or  being  in  any 
way  accessory  to  said  act,  and  being  thereof  convicted,  shall  be 
sentenced  to  an  imprisonment,  by  separate  or  solitary  confinement 
at  labor,  not  exceeding  five  years,  and  to  pay  a fine  equal  to  the 
amount  of  the  money  embezzled. 

( Councilmen  not  to  hold  any  office  subordinate  to  the  Council  or 
be  surety  for  such  officers , or  interested  in  any  contracts  for 
supplies  or  materials .. 

Sect.  66.  It  shall  not  be  lawful  for  any  councilman,  burgess, 
trustee,  manager  or  director  of  any  corporation,  municipality  or 
public  institution,  to  be  at  the  same  time  a treasurer,  secretary  or 
to^b^r fnter-  °ther  officer,  subordinate  to  the  president  and  directors,  who  shall 
ested  in  con- receive  a salary  therefrom,  or  be  the  surety  of  such  officer,  nor 
shall  any  member  of  any  corporation  or  public  institution,  or  any 
officer  or  agent  thereof,  be  in  any  wise  interested  in  any  contract 
for  the  sale  or  furnishing  of  any  supplies,  or  materials  to  be  fur- 
nished to,  or  for  the  use  of  any  corporation,  municipality  or  public 
institution  of  which  he  shall  be  a member  or  officer,  or  for  which 
he  shall  be  an  agent,  nor  directly  nor  indirectly  interested  therein, 
nor  receive  any  reward  or  gratuity  from  any  person  interested  in 
such  contract  or  sale  ; and  any  person  violating  these  provisions, 
or  either  of  them,  shall  forfeit  his  membership  in  such  corporation, 
municipality  or  institution,  and  his  office  or  appointment  thereun- 
Eorfeiture  ^er>  an^  shall  be  held  guilty  of  a misdemeanor,  and  on  conviction 
thereof  be  sentenced  to  pay  a fine  not  exceeding  five  hundred  dol- 
lars: Provided,  That  nothing  in  this  section  contained,  shall  pre- 
Proviso  vent  a vice-president  of  any  bank  from  being  a director  of  such 
bank,  or  of  receiving  a salary  as  vice-president. 


Juris  of  J^sstrafrlg  ^dating  to  tagrants. 


ACT  OF  JUNE  13,  1856. 

- Section  10,  Pamphlet  Laws  522. 

looo. 

The  following  described  persons  shall  be  liable  to  the  penalties 
imposed  by  law  upon  vagrants : 

Who  to  be  I.  All  persons  who  shall  unlawfully  return  into  any  district, 
~va-  whence  they  have  been  legally  removed,  without  bringing  a certi- 
ficate from  the  city  or  district  to  which  they  belong. 

II.  All  persons  who,  not  having  wherewith  to  maintain  them- 


51 


1850. 


selves  and  their  families,  live  idly  and  without  employment,  and 
refuse  to  work  for  the  usual  and  common  wages  given  to  other  la- 
borers in.  the  like  work,  in  the  place  where  they  then  are. 

III.  All  persons  who  shall  refuse  to  perform  the  work  which 
shall  be  allotted  to  them  by  the  overseers  of  the  poor  as  aforesaid. 

IV.  All  persons  going  about  from  door  to  door,  or  placing  them- 
selves in  streets,  highways  or  other  roads,  to  beg  or  gather  alms, 
and  all  other  persons  wandering  abroad  and  begging. 

V.  All  persons  who  shall  come  from  any  place  without  this  com- 
monwealth, to  any  place  within  it,  and  shall  be  found  loitering  or 
residing  therein,  and  shall  follow  no  labor,  trade,  occupation  or 
business,  and  have  no  visible  means  of  subsistence,  and  can  give 
no  reasonable  account  of  themselves,  or  their  business  in  such  place. 

ACT  OF  FEBRUARY  21,  1767.  ^ 

Section  1,  1 Sm.  2G9. 

1.  It  shall  and  maybe  lawful  for  any  justice  of  the  peace  of  the  Duty  of  jug„ 
county  where  such  idle  and  disorderly  persons  shall  be  found,  to  tices  of  the 
commit  such  offenders  (being  thereof  legally  convicted  before  him,  peace* 

on  his  own  view,  or  by  the  confession  of  such  offenders,  or  by  the 
oath  or  affirmation  of  one  or  more  credible  witness  or  witnesses)  to  the 
workhouse  of  the  said  county,  if  such  there  be,  otherwise  to  the  com- 
mon jail  of  the  county,  there  to  be  kept  at  hard  labor,  by  the  keep- 
er of  such  workhouse  or  jail,  for  any  time  not  exceeding  one  month. 

2.  If  any  person  shall  be  found  offending  in  any  township  °rDUtyofCon^ 
place,  against  this  act,  it  shall  and  may  be  lawful  for  any  constable  stables. 

of  such  township  or  place,  and  he  is  hereby  enjoined  and  required, 
on  notice  thereof  given  him  by  any  of  the  inhabitants  thereof,  to 
apprehend  a*nd  convey,  or  cause  to  be  conveyed,  such  person  so 
offending  to  a justice  of  the  peace  of  the  county,  who  shall  exam- 
ine and  try  such  offenders,  and  on  such  confession  or  proof,  shall 
commit  them  to  the  workhouse  or  jail  of  the  county,  there  to  be 
kept  at  hard  labor  during  the  term  aforesaid ; and  if  any  constable 
after  such  notice  given  as  aforesaid,  shall  refuse  or  neglect  to  use 
his  best  endeavors  to  apprehend  and  convey  such  offenders  before 
the  justice  of  the  peace  aforesaid,  being  thereof  legally  convicted 
before  such  justice  of  the  peace,  every  such  constable  shall  forfeit 
and  pay  to  the  overseers  of  the  poor  of  the  township,  or  place 
where  such  offence  shall  be  committed,  to  the  use  of  the  poor 
thereof,  the  sum  of  ten  shillings,  to  be  levied  by  distress  and  sale 
of  the  offender’s  goods,  by  warrant  from  such  justice,  and  the  over- 
plus, if  any,  after  the  charge  of  prosecution  and  of  such  distress 
shall  be  satisfied,  shall  be  returned  to  such  offender. 

3.  Any  person  or  persons  who  shall  conceive  him,  her  or  them-  Appeal  af 
selves  aggrieved  by  any  act,  judgment  or  determination  of  anylowed- 
justice  or  justices  of  the  peace  out  of  sessions,  in  and  concerning 

the  execution  of  this  act,  may  appeal  to  the  next  general  quarter 
sessions  of  the  city  or  county,  giving  reasonable  notice  thereof, 
whose  orders  thereupon  shall  be  final. 


52 


Itonncr  cf  $ rombing  for  % f entities  fmtrM  for  a 
fioMott  of  % (Srbinimcw. 


COMMON  PLEAS.— THE  CITY  v.  DUNCAN. 

(From  the  Legal  Intelligencer  of  Nov.  23,  1860.) 

Proceedings  instituted  before  magistrates  for  the  recovery  of  fines  for  the  violation  of 
borough  or  city  ordinances,  are  not  summary  proceedings  technically  so  called,  but  are 
in  the  nature  of  civil  suits  for  the  recovery  of  debts ; and  therefore  the  magistrate,  in 
such  a case,  need  not  state  upon  the  record  the  evidence  upon  which  the  conviction  was 
based. 

Every  record  of  a conviction  or  judgment  against  a defendant  for  the  violation  of  an 
ordinance  must  show 

1.  That  the  magistrate  had  jurisdiction  of  the  subject  matter. 

2.  The  section  of  the  ordinance  violated. 

3.  That  the  penalty  imposed  conforms  to  the  fine.  * 

4.  That  evidence  was  adduced  in  support  of  the  charge,  or  that  the  defendant  confess- 
ed it. 

5.  That  witnesses  were  sworn  or  affirmed. 

6.  That  the  offence  was  committed  within  the  city  or  borough  enacting  the  ordinance. 

7.  That  judgment  was  duly  entered  against  the  defendant. 

If  the  record  omit  to  show  any  of  these  findings,  the  judgment  will  be  reversed. 

CERTIORARI. 

Allison,  J. — This  is  a proceeding  to  recover  a penalty  for  an 
alleged  violation  of  a city  ordinance,  and  the  exceptions  are  all 
based  upon  the  assumption  that  this  is  summary  conviction,  that 
the  magistrate  has  failed  to  comply  with  the  strict  requirements 
of  the  law  in  such  cases,  and  among  other  exceptions  taken  it  is 
assigned  for  error,  that  the  evidence  upon  which  the  conviction  is 
based,  has  not  been  stated  by  the  alderman  upon  his  record,  that 
the  court  may  judge  whether  the  defendant  has  been  lawfully 
convicted. 

But  it  is  a mistaken  view  of  the  law  to  suppose  that  a proceed- 
ing under  a city  or  borough  ordinance  imposing  a fine,  is  what  is 
technically  called  a summary  proceeding,  which,  strictly  speaking, 
is  a criminal  prosecution.  It  is  a mode  of  punishment  for  a pub- 
lic crime  or  offence,  which  must  always  be  commenced  in  the  name 
of  the  Commonwealth,  and  is  founded  upon  information  or  com- 
plaint which  should  generally  be  in  writing.  It  is  the  record  of  a 
magistrate’s  proceeding  upon  a penal  statute,  for  the  violation  of 
which  a defendant  has  been  convicted  and  sentenced.  In  no  case 
can  a summary  conviction  be  sustained  unless  it  has  express  legis- 
lative sanction  to  warrant  it ; and  as  this  mode  of  judicature  is  in 
derogation  of  the  common  law,  and  operates  to  the  exclusion  of 
trial  by  jury,  the  superior  courts  have  rigidly  confined  its  author- 
ity to  the  strict  letter  of  the  statute  authorizing  the  proceeding, 
and  it  is  required,  that  rules  similar  to  those  adopted  by  the  com- 
mon law  in  criminal  prosecutions,  must  be  observed,  unless  the 


statute  dispenses  with  the  form  of  stating  them  ; 1 Burr.  G18  ; 4 
Burr.  2281. 

Summary  convictions,  therefore,  are  such  as  are  directed  by 
statute  for  the  conviction  of  offenders  and  the  infliction  of  penal- 
ties ; there  is  no  intervention  by  jury,  unless  specially  allowed  ; 
but  the  party  accused  is  acquitted  or  condemned,  by  the  decision 
of  such  person  as  may  bs  appointed  by  the  statute  for  the  judge  ; 
4 Black.  Com.  281,  282;  Paley  on  Convic.  1;  1 Amer.  Law 
Jour.  246. 

The  suit  instituted  in  this  case  is  not  pretended  to  be  founded 
upon  statute  law,  but  upon  a municipal  ordinance,  and  is  therefore 
wanting  in  the  first  prerequisite  of  a summary  conviction ; for  apart 
from  the  question  as  to  whether  the  legislature  could  confer  upon 
councils  the  authority  to  pass  ordinances  empowering  magistrates 
to  proceed  by  summary  conviction,  the  fact  stands,  that  no  such 
power  or  an  approach  to.  it,  can  be  found  in  the  charter  of  the  city 
of  Philadelphia.  Judge  Gibson  says,  in  Baxter  v.  Comm’th,  8 
Penna  Rep.  255,  “ Admitting,  then,  as  seems  to  have  been  done 
by  Lord  Mansfield,  in  Hesketh  v.  Braddock,  3 Burr.  1858,  that  a 
corporation  may  provide  by  its  inherent  powers,  for  the  recovery 
of  a penalty  from  its  own  members,  by  action  of  debt  in  its  own 
court,  the  question  occurs,  what  is  the  individual  jurisdiction  of 
these  aldermen?  or  what,  in  subordination  to  the  Constitution,  is 
the  legislative  power  of  the  corporation  by  the  provisions  of  its 
charter  V’  The  city,  doubtless,  has  full  power  to  enact  ordinances 
for  the  proper  regulation  and  government  of  the  municipality,  and 
among  other  things  to  prescribe  penalties,  and  authorize  their  re- 
covery by  suit ; but  beyond  this  it  may  not  go,  without  the  clear- 
est legislative  authority,  and  in  the  case  just  cited,  the  Chief 
Justice  holds,  that  where  a charter  purports  to  confer  power  of 
imprisonment  on  summary  conviction,  and  without  appeal  to  a jury, 
it  would  so  far  be  unconstitutional  and  void. 

In  Pennsylvania,  magistrates  may  convict  offenders  under  the 
several  acts  of  assembly  of  gambling,  horse  racing,  profane  cursing 
and  swearing,  drunkenness,  sabbath-breaking  by  worldly  employ- 
ment, and  vagrancy.  The  jurisdiction  of  the  magistrate  and  his 
form  of  proceeding  in  each  case  must  conform  to  the  statute ; and 
in  all  cases  where  the  proceedings  are  as  at  common  law,  that  is, 
where  no  form  of  conviction  is  prescribed  in  the  act  of  assembly, 
the  evidence  must  be  set  out  upon  the  face  of  the  conviction  ; but 
where  the  statute  prescribes  the  form  of  conviction  the  magistrate 
need  do  no  more  than  follow  the  form  laid  down,  as  under  the  act 
of  1794  for  the  prevention  of  vice  and  immorality.  Comm’th  v. 
Wolf,  8 S.  & R.  48. 

Proceedings  for  the  recovery  of  fines,  therefore,  for  the  violation 
of  borough  or  city  ordinances,  are  not  summary  proceedings,  but 
are  properly  of  a civil  nature,  and  must  be  regulated  and  decided 
by  rules  applicable  to  civil  suits,  although  being  penal  in  their 
character  some  of  the  principles  relative  to  summary  proceedings 


54 


are  applicable  to  them.  The  Mayor  v.  Mason,  4 Dali.  266 ; 
Mayor  v.  Nell,  4 Yeates,  475,  and  Baxter  v.  The  Oomm'th,  were 
instituted  under  city  ordinances,  and  seem  to  have  been  treated  as 
summary  convictions,  but  in  neither  of  these  cases  was  the  point 
made,  or  decided  by  the  court.  Ordinances  prescribing  penalties, 
generally  authorize  their  recovery  before  magistrates,  as  debts  of  a 
like  nature  and  amount  are  recoverable,  but  whether  designated  as 
debts  or  not,  suits  for  their  recovery  are  civil  suits,  and  must  be 
instituted,  not  in  the  name  of  the  commonwealth,  as  in  cases  of 
summary  convictions  ; but  where  the  entire  penalty  is  for  the  ben- 
efit of  the  city,  the  corporate  name  of  the  city  should  be  used  as 
plaintiff ; where  the  whole  penalty  is  given  to  any  one  who  may 
sue,  the  suit  should  be  entitled  the  city  in  its  corporate  name  to 
the  use  of  the  informer,  naming  him  ; and  where  it  is  changed 
into  a qui  tam  action,  one  portion  of  the  penalty  going  to  the  in- 
former and  the  other  to  the  city,  the  informer  should  be  named  as 
plaintiff,  suing  for  himself  as  well  as  for  the  city.  Every  record 
of  a conviction  or  judgment  against  a defendant  for  the  violation 
of  an  ordinance,  must  show  that  the  magistrate  had  jurisdiction  of 
the  subject  matter  of  the  suit;  the  section  of  the  ordinance 
violated  must  be  specified;  the  penalty  imposed  must  conform  to 
the  fine,  being  neither  greater  nor  less  in  amount ; that  evidence 
was  adduced  in  support  of  the  charge,  or  that  the  defendant  con- 
fessed the  same;  that  witnesses  were  either  sworn  or  affirmed; 
that  the  offence  was  committed  within  the  city  or  borough  enact- 
ing the  ordinance,  and  that  judgment  was  duly  entered  against 
the  defendant.  This  suit  was  instituted  to  recover  a fine  of  $20, 
imposed  under  the  4th  sect,  of  the  ordinance  of  April  14th,  1859, 
for  selling  meat  in  South  street,  the  same  not  being  the  produce 
of  the  defendant's  own  farm.  The  alderman  does  not  find  that 
the  offence  was  committed  within  the  limits  of  the  city  of  Phila- 
delphia : -for  this  reason  the  judgment  must  be  reversed. 


The  owner  of  a building  injured  by  a change  in  the  grade  of  the  street, 
cannot  recover  damages  from  the  corporation  which  made  the  alteration, 
under  an  authority  from  the  legislature  to  “improve,  repair,  and  keep 
in  order  the  streets,  alleys,  and  highways.”  O’Connor  v.  Pittsburg,  6 
H.  187*  See,  also,  Green  v.  The  Borough  of  Reading,  9 W.  382  ; May- 
or v.  Randolph,  4 W.  & S.  516. 

A municipal  corporation  is  not  resposible  for  an  injury  occasioned  by 
the  negligence  of  contractors  with  it,  or  their  agents  and  servants.  The 
remedy  for  the  injury  is  against  the  contractors  alone.  Painter  v.  Pitts- 
burg, 10  Wright  213. 

A municipal  corporation  is  not  liable  in  damages  which  result  from 
digging  a trench  in  one  of  the  public  streets  by  a private  individual 
under  a license  from  the  corporate  authorities,  for  the  purpose  of  making 
a connection  with  the  main  conduit  pipe  for  distributing  water  to  the 
inhabitants  and  neglecting  to  properly  fill  up  the  same.  The  Borough 
of  West  Chester  v.  Apple  et  al.,  11  Casey  284. 


APPENDIX. 


Jitts  flf  $ssm&Ig  relating  to  % §amtgli  al  fottstollc. 

ACT  OF  MARCH  14th,  1850.  i860. 

Pamphlet  Laws  220. 

Sec.  1.  Be  it  enacted  &c.,  That  the  town  council  of  the  cor-  powers*1 
poration  of  the  borough  of  Pottsville,  shall  have  full  power  an<^tfeaBorou?h 
authority,  and  they  are  hereby  enjoined  and  required  to  lay  out,ofPottsviife. 
enlarge  and  open  a certain  court  or  alley,  marked  on  the  map  or 
plan  of  said  Borough  as  Logan's  court,  so  that  the  same  shall 
connect  with  and  open  out  in  to  East  Market  street,  or  Contention 
alley  on  the  south,  and  with  Callowhill  street  on  the  north,  and 
be  made  of  the  width  of  twenty  feet  throughout,  and  remain  a 
public  street  or  highway  of  the  borough  aforesaid  ; the  said  cor- 
poration are  also  enjoined  and  required  to  lay  out,  enlarge  and  open 
a twenty  feet  wide  alley,  from  Callowhill  street  to  High  street, 
parallel  to  Centre  street,  at  the  distance  of  one  hundred  and  forty- 
two  feet  from  Centre  street,  between  Second  street  and  Centre 
street,  in  tne  borough  of  Pottsville  aforesaid. 

Sec.  2.  The  owner  or  owners  of  any  lot  or  land  through  which  Damages* 
said  street  shall  be  opened  out  as  aforesaid,  may  apply  to  the  town  adj^d 
council  of  the  corporation  aforesaid  within  one  year  from  the 
opening  of  the  same,  by  petition,  setting  forth  the  injury  he,  she 
or  they  may  have  sustained  thereby;  and  thereupon  it  shall  be 
the  duty  of  the  council  aforesaid,  to  appoint  one  disinterested 
person,  and  the  said  petitioner  may  appoint  a second,  and  the  two 
persons,  thus  chosen,  a third,  whose  duty  it  shall  be,  after  being 
duly  sworn  or  affirmed,  well  and  truly  to  view  the  premises  and 
justly  to  assess  the  damages,  if  any,  which  said  petitioner  may 
have  sustained,  considering  the  advantages  of  said  street  to  said 
petitioner,  and  the  said  viewers,  or  a majority  of  them,  shall  file 
their  report  with  the  town  council  aforesaid,  which  said  report 
shall  be  final  and  conclusive  on  all  parties  thereto,  and  thereupon 
it  shall  be  the  duty  of  the  corporation  aforesaid  to  pay  the  amount 
so  found,  if  anything,  to  the  said  petitioner,  or  his  or  her  legal 
representatives  ; Provided , That  nothing  herein  contained  shall 
prevent  any  owner  or  owners  of  lots  or  land  as  aforesaid,  from 
bringing  his,  her  or  their  suit  or  suits  in  the  court  of  common 
pleas  of  Schuylkill  county,  to  recover  damages  for  the  opening 
out  of  the  alleys  or  courts  as  aforesaid,  or  to  recover  the  amount 


11. 


of  damages  which  the  said  viewers  as  aforesaid  may  assess,  in  case 
the  said  corporation  do  not  pay  the  same  within  thirty  days  from 
the  time  the  report  as  aforesaid  shall  be  filed. 

1851.  ACT  OF  APRIL  8th,  1851. 


Pamphlet  Laws  373. 

Sec.  5.  That  the  town  council  of  the  corporation  of  the  bo- 
the°Boroughrou^  °f  Pottsville  are  hereby  enjoined  and  required  to  lay  out, 
of  Pottsvilieenlarge  and  open  a twenty  feet  wide  alley  from  Union  street,  be- 
toopen a tween  Centre  and  Second  street,  thence  running  southwardly  and 
certm  alley,  parallel  to  Centre  street,  to  an  alley  running  from  Centre  to  Second 
street,  between  the  property  of  Joseph  S.  Silver  and  the  property 
late  of  James  Donnelly,  deceased,  the  centre  of  said  alley  to  be  at 
the  distance  of  one  hundred  and  sixty  feet  westwardly  from  Centre 
street,  in  said  borough. 

Sec.  6.  That  the  town  council  of  the  corporation  of  the  bo- 
authorized  rough  of  Pottsville,  in  the  county  of  Schuylkill,  shall  have  the 
andojfen a Power  an(*  authority,  and  it  is  hereby  enjoined  and  required  to  lay 
<cert’n  alley,  out,  enlarge  and  open  a certain  court  or  alley  in  the  said  borough, 
now  partly  laid  out  and  opened  through  the  square  or  block  of 
ground  bounded  on  the  north  by  East  Market  street  or  Conten- 
tion alley,  on  the  south  by  Norwegian  street,  on  the  west  by 
Centre  street,  and  on  the  east  by  Railroad  street,  so  that  the  said 
court  or  alley  shall  be  laid  out  and  opened  of  the  width  of  twenty 
feet  through  said  block  or  square  of  ground  and  in  a line  with 
Logan  street,  from  said  East  Market  street  or  Contention  alley 
to  Norwegian  street,  in  the  borough  aforesaid  ; Provided , That 
any  damages  which  may  be  sustained  by  the  owner  or  owners  of 
any  of  the  lots  of  ground  through  which  the  said  courts  or  alleys, 
mentioned  in  this  and  the  foregoing  section,  shall  pass,  shall  be 
assessed  and  adjusted  agreeably  to  . the  provisions  of  the  second 
section  of  the  act  of  the  General  Assembly  of  Pennsylvania,  pass- 
ed the  fourteenth  day  of  March,  Anno  Domini,  one  thousand 
eight  hundred  and  fifty,  entitled  “An  act  to  authorize  the  town 
council  of  the  borough  of  Pottsville  to  open  and  enlarge  Logan's 
court,  and  to  open  and  enlarge  an  alley  between  Second  and  Centre 
street,  in  the  borough  of  Pottsville,  Schuylkill  county,  in  relation 
to  streets  in  Freeport  and  Easton,  and  in  relation  to  a private 
railroad  in  Phoenixville,  and  to  vacate  a certain  road  in  the  borough 
of  Northumberland." 


1852.  act  OlP  MARCH  27th,  1852. 

Pamphlet  Laws  648. 

MarketriSt!  Sec.  1 . Be  it  enacted  &c.,  That  Samuel  Lewis,  Patrick  Fogarty, 
Samuel  Morris,  John  Clayton  and  Henry  L.  Cake  or  a majority  of 
them  are  hereby  appointed  commissioners  to  view,  lay  out,  and  ex- 
tend Market  street  in  the  borough  of  Pottsville  from  Centre  street 
to  Coal  and  George  streets,  and  after  being  duly  sworn  or  affirmed 


111. 


to  perform  the  duties  enjoined  upon  them  by  this  act  with  impar- 
tiality and  fidelity,  they  or  a majority  of  them  shall  proceed  as 
soon  after  the  passage  of  this  act  as  convenient,  to  attend  to  the 
duties  above  specified,  and  if  in  the  opinion  of  a majority  of  them 
said  Market  street  ought  to  be  opened  and  extended  as  aforesaid  to 
Coal  and  George  streets,  then  they  shall  make  out  a plot  or  draft 
of  said  streets  so  to  be  opened  and  extended  as  aforesaid  by  its 
courses  and  distances,  having  regard  to  the  best  ground,  and  doing 
the  least  damage  to  property  ; and  they  shall  also  make  report  of 
the  width  of  said  extended  street,  which  shall  not  be  less  than 
thirty  feet,  under  the  hands  and  seals  of  a majority  of  them,  to  the 
court  of  quarter  sessions  of  the  county  of  Schuylkill  to  be  entered 
of  record,  and  thereupon  the  said  street  shall  become  a public 
highway,  and  it  shall  be  the  duty  of  the  town  council  of  the  said 
borough  of  Pottsville  to  proceed  forthwith  to  open  the  said  street 
as  far  as  said  Coal  street. 

Sec.  2.  That  before  any  streets  or  alleys  in  said  borough  shall 
be  laid  out  and  opened  in  pursuance  of  this  act,  the  parties  wishing 
or  desiring  the  laying  out  and  opening  of  said  streets  or  alleys 
respectively  shall  first  enter  into  an  obligation,  with  sufficient 
sureties,  to  be  approved  of  by  the  court  of  common  pleas  for  said 
county,  to  pay  all  damages  that  may  be  awarded  or  adjudged  to 
property  holders  through  whose  property  said  streets  or  alleys  shall 
pass;  either  by  virtue  of  proceedings  under  the  provisions  of  this 
section  or  by  suits  of  law;  and  that  any  party  aggrieved  by  the 
laying  out  and  opening  of  said  streets  or  alleys,  respectively,  as 
aforesaid,  may  apply  to  the  court  of  common  pleas  for  said  county 
for  the  appointment  of  a jury  of  six  disinterested  and  judicious  men 
to  value  and  appraise  the  damages  done  to  the  property  of  the  peti- 
tioner by  reason  of  the  laying  out  and  opening  of  such  street  or 
alley,  taking  into  consideration  all  the  advantages  resulting  there- 
from, whereupon  said  court  shall  appoint  said  jurors  as  aforesaid, 
and  direct  what  notice  shall  be  given  to  the  parties  who  shall 
enter  into  said  obligation  as  aforesaid,  of  the  time  and  place  of 
meeting  of  said  jurors  who  shall  have  authority  to  adjourn  from 
day  to  day ; and  said  jurors,  after  first  being  duly  sworn  or  affirmed 
to  well  and  truly  value  and  appraise  the  damages  done  to  said  pe- 
titioner, taking  into  consideration  the  advantages  as  aforesaid,  shall 
proceed  to  view  and  inspect  the  premises,  and  hear  all  legal  evi- 
dence pertinent  to  the  issue  that  may  be  offered  on  either  side, 
and  shall  then  make  up  their  award  or  verdict,  fixing  the  amount 
of  damages  to  be  paid  by  the  parties  to  the  obligation  as  aforesaid ; 
which  said  award  or  verdict  shall  be  reduced  to  writing  and  sub- 
scribed under  their  respective  hands  and  seals  and  returned  to 
the  next  succeeding  term  of  said  court,  whereupon  the  said  court 
shall  enter  judgment  for  the  amount  of  such  award  or  verdict 
against  the  parties  entering  into  said  obligation  as  aforesaid,  which 
said  judgment  shall  be  final  and  conclusive  and  may  be  proceeded  « 
upon  as  other  judgments  entered  in  said  court. 


1852- 


IV. 


1854. 


1854. 

Adams  St. 


1855. 

Coal  Str.  in 
Morris  Ad 
dition. 


Sec  3.  That  it  shall  also  be  the  duty  of  the  said  commissioners 
to  view,  lay  out,  and  enlarge  Coal  and  George  streets  between 
Callowhill  and  High  streets,  and  if  in  the  opinion  of  a majority  of 
them  the  said  street  ought  to  be  opened  and  enlarged  as  aforesaid, 
then  they  shall  make  out  a plot  or  draft  of  said  street  so  to  be 
opened  and  enlarged  by  its  courses  and  distances,  and  report  the 
width  of  said  enlarged  street  to  the  court  of  quarter  sessions  in  the 
said  county  of  Schuylkill  to  be  entered  of  record,  and  thereupon 
the  said  street  so  enlarged  shall  be  deemed  and  taken  to  be  a 
public  highway  ; and  it  shall  be  the  duty  of  the  town  council  of 
the  said  borough  to  proceed  forthwith  to  open  the  said  street, 
Provided  always , That  on  the  petition  of  any  owner  of  land  through 
which  the  said  street  shall  or  may  be  opened  and  enlarged,  to  the 
court  of  quarter  sessions  of  the  said  county,  representing  that  he 
has  sustained  damages,  the  same  proceedings  shall  and  may  be  had 
as  in  the  preceding  section. 

ACT  OF  MARCH  28d,  1854. 

Pamphlet  Laws  1S9* 

Sec  1.  Be  it  enacted  &c.,  That  the  town  council  of  the  corpo- 
ration  of  the  borough  of  Pottsville,  in  the  county  of  Schuylkill, 
shall  have  the  power  and  authority,  and  it  is  hereby  enjoined  and 
required  to  lay  out,  enlarge  and  open  Second  or  Adams  street  be- 
tween Norwegian  and  Mahantongo  streets  in  said  borough  of  Potts- 
ville, that  the  said  Second  or  Adams  street  shall  be  laid  out  and 
opened  of  the  width  of  forty  feet  through  said  block  or  square  of 
ground ) Provided , That  any  damages  which  may  be  sustained  by 
the  owner  or  owners  of  any  lots  of  ground  through  which  the  said 
Second  street  shall  be  opened  as  aforesaid,  shall  be  assessed  and 
adjusted  agreeably  to  the  provisions  of  the  second  section  of  the 
act  of  the  general  assembly  of  Pennsylvania  passed  the  fourteenth 
day  of  March,  Anno  Domini,  one  thousand  eight  hundred  and  fifty, 
entitled  “an  act  to  authorize  the  town  council  of  the  borough  of 
Pottsville  to  enlarge  Logan’s  court  and  to  open  and  enlarge  an 
alley  between  Second  and  Centre  streets  in  the  borough  of  Potts- 
ville, Schuylkill  county  ; in  relation  to  streets  in  Freeport  and 
Easton  ; and  in  relation  to  a private  railroad  in  Phoenixville  ; and 
to  vacate  a certain  road  in  the  borough  of  Northumberland.” 

ACT  OF  FEB.  14,  1855. 

Pamphlet  Laws  32. 

Sec.  1.  Be  it  enacted  &c..  That  the  town  council  of  the  borough 
of(Pottsville  in  the  county  of  Schuylkill  be  and  they  are  hereby 
authorized  to  have  Coal  street  in  Morris’s  addition  to  Pottsville 
surveyed,  laid  out,  graded  and  opened  on  the  west  side  of  the 
Mount  Carbon  railroad  to  the  width  of  twenty  feet  on  the  original 


V. 


Sine  of  said  Ooai  street,  and  that  in  consideration  of  the  Mount 
Carbon  railroad  company  changing  the  location  of  their  railroad, 
where  the  same  may  be  necessary  so  as  to  accommodate  the  said 
twenty  feet  wide  street,  and  building  and  keeping  in  repair  a sub- 
stantial stone  wall  to  protect  the  same  ; the  said  town  council  are 
hereby  authorized  and  empowered  to  release  to  the  use  of  the  said 
Mount  Carbon  railroad  company  for  their  railroad  the  remaining 
thirty  feet  in  width  of  the  east  side  of  said  Coal  Street. 

ACT  OF  MAY  7,  1855. 

Pamphlet  Laws  474; 

Sec.  6.  That  the  town  council  of  the  corporation  of  the  borough 
of  Pottsville,  in  the  county  of  Schuylkill  shall  have  the  power  and 
authority,  and  it  is  hereby  enjoined  and  required,  to  lay  out, 
enlarge  and  open  a certain  court  or  alley  in  the  said  borough  now 
partly  laid  out  and  opened  through  the  square  or  block  of  ground 
bounded  on  the  north  by  Norwegian  street,  on  the  south  by 
Mahantongo  street,  on  the  west  by  Fifth  street,  and  on  the  east  by 
Fourth  sfreet,  so  that  the  said  court  or  alley  shall  be  laid  out  and 
opened  of  the  width  of  twenty  feet  through  said  block  or  square  of 
ground  and  parallel  with  Mahantongo  street  from  said  Fourth 
street  to  Fifth  street  in  the  borough  aforesaid ; Provided , That 
any  damages  which  may  be  sustained  by  the  owner  or  owners  of  any 
of  the  lots  of  ground  through  which  the  said  court  or  alley  mention- 
ed in  this  section  shall  pass,  shall  be  assessed  and  adjusted  agreeably 
to  the  provisions  of  the  second  section  of  the  act  of  the  general 
assembly  of  Pennsylvania,  passed  the  fourteenth  day  of  March, 
Anno  Domini,  one  thousand  eight  hundred  and  fifty,  entitled  “ an 
act  to  authorize  the  town  council  of  the  borough  of  Pottsville  to 
open  and  enlarge  Logan's  court,  and  to  open  and  enlarge  an  alley 
between  Second  and  Centre  streets  in  the  borough  of  Pottsville, 
Schuylkill  county;  in  relation  to  streets  in  Freeport  and  Easton, 
and  in  relation  to  a private  railroad  in  Phoenixville,  and  to  vacate 
a certain  road  in  the  borough  of  Northumberland. 

ACT  OF  APRIL  21st,  1856. 

Pamhplet  Laws,  497.  (See  Post  VI.) 

(Supplement  to  an  act  relating  to  a burial  ground  in  the  borough  of  Pottsville.) 

Sec.  1.  Re  it  enacted,  &c.,  That  the  school  directors  of  the 
borough  of  Pottsville,  are  hereby  authorized  to  take  charge  of  the 
burial  ground  and  school  house  thereon  erected  in  the  said  borough 
laid  out  by  John  Pott  for  the  erection  of  a school  house  and  for  a 
burial  ground,  and  to  make  rules  and  regulations  for  the  proper 
management  of  the  ground  and  the  interments  therein,  and  per- 
form the  same  duties  which  are  required  of  the  trustees  under  the 
act  of  assembly  entitled  “ An  act  vesting  the  title  of  a school 
house  and  burial  ground  in  the  corporation  of  the  borough  of 


1855. 


1855. 


Alley. 


1856. 


Burial 
Ground  & 
School 
House  Lot. 


VI. 


Pottsville,”  approved  March  sixteenth,  one  thousand  eight  hun- 
dred and  thirty-nine,  and  so  much  of  the  second  and  third  sec- 
tions of  said  act  as  is  inconsistant  herewith  be  hereby  repealed. 

1859  ACT  OF  MARCH  16,  1859. 

Pamphlet  Laws  154. 

Whereas,  the  school  houses  erected  on  the  lot  of  ground  referred 
Ground  and  acts  assenibly  of  sixteenth  of  March,  one  thousand 

Sdid  House  eight  hundred  and  thiity  nine,  entitled  “an  act  vesting  the  title 
Lot  of  a school  house  and  burial  ground  in  the  corporation  of  the  bo- 
rough of  Pottsville,”  and  the  supplement  thereto,  approved  the 
twenty-first  day  of  April,  one  thousand  eight  hundred  and  fifty-six, 
are  in  a ruinous  state  and  inadequate  for  school  purposes. 

And  whereas,  the  said  premises  are  now  and  for  a long  time 
hitherto  have  been  occupied  and  used  for  the  school  accommoda- 
tion of  the  whole  school  district  of  Pottsville  aforesaid,  and  the 
several  schools  therein  maintained  out  of  the  general  fund  of  said 
district,  therefore, 

Sec.  1.  Be  it  enacted  &c.  That  the  title  in  and  to  all  that  certain 
lot  or  piece  of  ground  aforesaid  set  apart  and  used  for  school  and 
burial  purposes,  be  and  the  same  is  hereby  vested  in  the  Pottsville 
school  district,  in  the  county  of  Schuylkill. 

Sec.  2.  That  the  directors  of  said  district  be  and  they  are 
hereby  authorized  to  remove  the  present  buildings  on  said  lot,  or 
so  much  of  them  as  they  may  deem  necessary,  and  to  erect  in  their 
stead  a new  school  house  or  houses  out  of  the  general  fund  of  school 
money  raised  by  said  district  for  like  purposes,  which  said  house 
or  houses  shall  be  for  the  use  of  the  whole  district  aforesaid. 

Sec.  3.  That  the  said  directors  be  and  they  are  hereby  author- 
ized and  empowered  to  borrow  any  sum  or  sums  of  money  not  ex- 
ceeding ten  thousand  dollars  to  defray  the  expenses  of  erecting 
said  house  or  houses,  and  to  secure  the  money  so  borrowed  by  a 
bond  or  bonds  with  mortgage  or  mortgages  upon  the  real  estate  of 
said  district,  or  otherwise  as  they  may  see’ fit. 

Sec.  4.  That  the  said  bond  or  bonds,  and  mortgage  or  mort- 
gages, shall  be  exempt  from  the  taxation  directed  by  the  act  of 
assembly  of  the  twenty-ninth  April,  one  thousand  eight  hundred 
and  forty-four,  providing,  among  other  things,  for  the  taxing  of 
money  at  interest  on  bonds  and  mortgages. 

Sec.  5.  That  so  much  of  the  aforesaid  act  of  sixteenth  March 
one  thousand  eight  hundred  and  thirty-nine,  and  the  supplement 
thereto  as  may  be  inconsistent  herewith,  be  and  the  same  is 
hereby  repealed.  [For  these  acts  see  V and  post.] 


186Q  ACT  OF  APRIL  18,  1859. 

^ . Pamphlet  Laws  617. 

Bnrial 

achM  House  ®EC*  1*  -^e  ^ enacted  &c.,  That  if  any  of  the  rights,  franchises, 
Lot.  or  privileges  of  the  inhabitants  of  the  original  town  plot  of  the 


Vll. 


borough  of  Pottsville  or  other  persons,  shall  have  been  divested  or  1869. 
injuriously  affected  by  the  acts  of  the  legislature  to  which  this  is  a 
further  supplement,  authorizing  the  erection  of  a public  school 
house,  &c.,  on  ground  dedicated  by  John  Pott  to  certain  public 
uses,  all  parties  aggrieved  or  injured  thereby  shall  be  entitled  to 
compensation  and  redress,  by  joining  in  an  application  setting  forth 
their  grievances  and  injuries  to  the  court  of  common  pleas  of 
Schuylkill  county ; and  thereupon  it  shall  be  the  duty  of  the  said 
court  to  require  the  Pottsville  school  district  to  make  such  compen- 
sation and  redress  out  of  the  school  fund  of  said  district,  as  on  a 
trial  by  jury  and  due  course  of  law  the  said  parties  shall  be  entitled 
to  ; Provided , That  a refusal  to  join  in  said  application  by  any  of 
the  aforesaid  parties  shall  not  operate  to  prevent  the  others  from 
obtaining  compensation  and  redress  in  the  mode  prescribed. 

ACT  OF  MARCH  6,  1860.  l860’ 

Pamphlet  Laws  105. 

Sect.  1.  Be  it  enacted  &c.,  That  the  provisions  of  the  act  ofHoad  Law*, 
eleventh  of  February,  one  thousand  eight  hundred  and  fifty-four, 
entitled  “an  act  to  consolidate  and  amend  the  road  laws  of  the 
counties  of  Beaver,  Butler  and  Lawrence,”  be  and  the  same  are 
hereby  extended  to  the  county  of  Schuylkill. 

Sect.  2.  That  it  shall  be  the  duty  of  the  several  townships  and 
boroughs  in  Schuylkill  county,  in  which  any  county  bridge  is  now 
or  shall  hereafter  be  erected,  respectively  to  keep  the  same  in  re- 
pair at  the  expense  of  the  township,  townships  or  boroughs,  in  the 
same  manner  as  is  now  prescribed  by  law  in  relation  to  public 
roads ; and  on  neglect  thereof,  the  proper  officer  or  officers  charged 
with  the  duty  of  repairing  roads  or  streets  shall  forfeit  and  pay  a sum 
not  less  than  ten  nor  more  than  fifty  dollars,  to  be  recovered  in  the 
same  manner  as  is  provided  for  in  the  seventy-fifth  section  of  the 
act  of  thirteenth  June,  one  thousand  eight  hundred  and  thirty- 
six,  entitled  uan  act  relating  to  roads,  highways  and  bridges.” 

Sect.  3.  That  the  pay  of  road  and  bridge  viewers  for  the 
county  of  Schuylkill  be  one  dollar  and  fifty  cents  per  day,  and 
that  the  surveying,  draft  and  report  shall  be  paid  by  the  parties 
petitioning,  as  may  be  agreed  upon ; and  this  act  shall  take  effect 
on  and  after  the  first  day  of  April  next. 

Sect.  4.  That  so  far  as  any  act  or  acts,  or  parts  thereof,  are 
hereby  altered  or  supplied,  the  same  be  and  are  hereby  repealed. 

[The  following  is  the  Act  referred  to  in  the  preceding  Act.] 

ACT  OF  FEBRUARY  11,  1854.  1854. 

Pamphlet  Laws,  62. 

Sect.  1.  Be  it  enacted  &c.  That  the  number  of  road  and  bridgeRoad  Law*, 
viewers  appointed  by  -the  courts  of  quarter  sessions  of  the  counties 
of  Beaver,  Butler  and  Lawrence,  shall  be  three,  one  of  whom  shall 


Vlll. 


1854.  be  a surveyor,  if  deemed  necessary ; every  view,  review  and  re- 
review, shall  be  made  by  the  whole  number  of  persons  so  appoint- 
ed, a majority  of  whom  shall  concur  in  their  report,  in  order  to  its 
confirmation  by  the  court ; the  provisions  of  this  section  shall  in- 
clude viewers  appointed  to  inspect  bridges  under  the  thirty-ninth 
section  of  the  general  road  law  of  eighteen  hundred  and  thirty-six. 

Sect.  2.  In  all  cases  of  the  appointment  of  viewers,  in  the  said 
counties  to  view  the  site  of  a bridge,  or  to  view  and  locate,  vacate 
01^  change  and  supply  any  public  or  private  road,  or  to  review  or 
re-review  the  same,  the  said  viewers,  reviewers  or  re-reviewers,  or 
one  of  them  shall,  before  proceeding  to  view,  give  public  notice  by 
three  or  more  advertisements,  put  up  at  least  five  days  before  the 
time  of  meeting  in  the  most  public  places  in  the  vicinity  of  the 
place  to  be  viewed,  of  the  time  and  place  they  will  meet  for  the 
purpose  of  making  such  view. 

Sect.  3.  If  the  viewers  aforesaid  shall  decide  in  favor  of  locat- 
ing a site  of  a bridge  or  of  a public  road,  or  to  make  any  change 
in  the  location  of  any  public  road  which  they  were  appointed  to 
review,  re-review  or  to  change  and  supply,  it  shall  be  the  duty  of  the 
said  viewers  to  endeavor  to  procure  from  the  persons  through  whose 
lands  such  location  or  re-location  may  be  made,  releases  from  all  claims 
of  damages  that  might  arise  from  opening  the  road,  which  releases 
shall  be  good,  if  in  writing  only,  though  not  under  seal ; in  every 
such  case  where  the  said  viewers  shall  fail  to  procure  such  releases, 
and  it  shall  appear  to  them  that  any  damages  will  be  sustained,  it 
shall  be  their  duty  to  assess  the  damages,  and  make  report  thereof, 
signed  by  a majority  of  their  number  and  return  the  same,  togeth- 
er with  all  releases  obtained,  to  the  proper  court  of  quarter  ses- 
sions ; Provided , That  any  person  affected  by  such  report,  shall  be 
entitled  to  a review  of  his  damages,  upon  presenting  a petition 
therefor,  not  later  than  the  third  day  of  the  next  stated  term 
after  the  term  to  which  the  report  is  returnable  ; but  when  there 
is  more  than  one  petition  presented,  founded  on  the  same  report  of 
viewers,  or  where  a review  or  re-review  of  the  road  is  granted  at 
the  same  term,  the  court  may  appoint  the  same  reviewers  or  re- 
reviewers, on  all  the  petitions,  and  direct  one  order  only  to  be  is- 
sued for  the  review  or  re-review  of  the  road,  and  the  assessment  of 
the  damages  or  for  the  assessment  of  the  damages  in  all  the  cases. 

Sect.  4.  It  shall  be  the  duty  of  the  said  court  to  examine  care- 
fully the  amount  of  damages  assessed  as  aforesaid,  and  if  the  court 
shall  be  satisfied  that  the  amount  of  damages  assessed  in  any  case 
is  such  that  the  public  interest  will  be  subserved  by  its  payment 
and  the  opening  of  the  road,  they  shall  confirm  such  view,  review 
. or  re-review  and  the  assessment  of  damages,  which  shall  be  paid 
as  directed  by  law ; but  if  the  said  court  shall  not  be  so  satisfied, 
the  said  report  shall  not  be  confirmed,  unless  the  damages  shal  bel 
first  paid  by  the  petitioners  or  other  persons  interested. 

Sect.  5.  When  the  viewers  appointed  shall  decide  in  favor  of 


IX. 


locating  or  re-locating  a private  road,  they  shall  view  and  assess 
the  damages,  if  any,  and  make  report  thereof,  and  the  proceedings 
thereupon  to  review  or  re-review  the  damages  shall  be  as  hereinbe- 
fore provided  in  cases  of  public  roads. 

Sect.  6.  All  acts  of  Assembly  supplied  by  this  act  or  inconsis- 
tent herewith,  except  the  general  road  law,  passed  the  thirteenth 
day  of  June,  one  thousand  eight  hundred  and  thirty-six,  aud  as 
much  of  the  last  named  law  as  is  inconsistent  herewith,  are  hereby 
repealed  so  far  as  regards  the  counties  of  Beaver,  Butler  and 
Lawrence  ; Provided , That  all  proceedings  under  former  laws  now 
pending,  shall  be  prosecuted  to  a final  completion  or  determination 
under  the  same  laws  and  undor  this  act,  so  far  as  the  same  is  ap- 
plicable, as  fully  as  though  they  were  not  supplied  or  repealed. 


gets  unit  lUpkir. 


ACT  OF  MARCH  16th,  1839. 

Pamphlet  Laws,  108.  (See  Ante  VI.) 

Vesting  the  title  of  a school  house  and  burial  ground. 

Whereas  the  late  John  Pott,  the  proprietor  of  the  town  of  Potts- 
ville,  laid  out  the  original  town  plot,  and  annexed  thereto  a lot  of 
ground,  containing  in  width  one  hundred  and  twenty  feet,  and  in 
depth  two  hundred  and  thirty  feet,  for  the  erection  of  a school 
house  thereon,  and  as  a burial  ground  for  the  lot  holders  and  in- 
habitants residing  within  the  limits  of  the  town  plot  aforesaid 
forever,  and  in  order  therefore  that  the  intention  of  the  said  John 
Pott,  in  this  matter  he  carried  into  effect,  and  the  rights  of  the 
lot  holders  and  inhabitants  of  the  original  town  plot  of  Pottsville 
be  protected. 

Sec.  1.  Be  it  enacted,  &c.,  That  the  title  of  the  lot  of  ground 
laid  out  by  John  Pott  in  his  life  time,  for  the  erection  of  a school 
house,  and  as  a burial  ground  in  the  town  of  Pottsville,  in  the 
county  of  Schuylkill,  be,  and  the  same  is  hereby  vested  in  the 
corporation  of  the  borough  of  Pottsville,  to  be  held  and  used  as  a 
burial  ground  by  the  relatives  of  the  said  John  Pott,  deceased, 
the  lot  holders  and  inhabitants  of  the  original  town  plot  of  Potts- 
ville*forever,  and  for  no  other  use  and  purpose. 

Sec.  2.  The  town  council  of  the  borough  of  Pottsville  is  hereby 
authorized  to  appoint  three  trustees,  who  shall  be  freeholders  and 
inhabitants  of,  and  be  resident  in  the  original  town  plot  of  Potts- 
ville, one  of  whom  to  remain  in  office  for  one  year,  one  for  two 
years,  and  one  for  three  years,  from  the  first  Monday  in  May  next; 
and  it  shall  be  the  duty  of  said  town  council,  arfhually  thereafter, 
to  appoint  one  trustee  as  aforesaid,  to  remain  in  office  for  three 
years  and  to  fill  up  any  vacancy  that  may  occur  from  death  or  res- 

9 


1861. 


1839. 


1839. 


1850. 


1860. 


X. 

ignation,  removal  from  the  old  town  plot,  or  any  other  disability 
to  perform  the  duties  of  the  office:  Provided , That  no  person  who 
is  not  an  inhabitant  and  freeholder  of,  and  in  the  original  town 
plot,  and  also  a citizen  qualified  to  vote  at  the  borough  election 
aforesaid,  shall  be  appointed  to  the  said  office. 

Sec.  3.  It  shall  be  the  duty  of  the  trustees  to  take  charge  of 
the  school  house  and  burial  ground,  and  cause  the  same  to  be  kept 
in  decent  and  proper  order,  and  keep  a proper  record  of  the  burials 
therein.  The  trustees  shall  have  power,  from  time  to  time,  with 
the  consent  of  the  town  council,  to  make  rules  and  regulations, 
for  the  proper  management  of  the  ground,  and  the  interments 
therein,  and  the  said  rules  and  regulations,  when  approved  of  by 
the  town  council,  shall  have  the  force  and  effect  of  ordinances  of 
the  corporation.  The  expense  of  keeping  the  said  school  house 
and  burial  ground  in  docent  and  proper  order,  shall  be  defrayed  by 
a tax,  to  be  levied  by  the  town  council,  on  the  inhabitants  and 
real  estate  of  and  within  the  original  town  plot  of  Pottsville, 
whenever  in  the  opinion  of  the  town  council  the  same  may  be 
necessary.  And  the  said  trustees  shall,  whenever  required,  lay 
before  the  council  a statement  of  all  the  moneys ‘received  and  ex- 
pended by  them  on  the  account  of  the  said  school  house  and  burial 
ground,  either  as  tax  or  otherwise  : Provided , That  no  compensa- 
tion shall  be  allowed  to  the  trustees  for  their  services. 

ACT  OF  MAY  8th,  1850. 

Pamphlets  Laws,  710. 

(This  act  was  repealed  by  the  second  section  of  the  Act  of  April  14th,  1851,  Pamphlet 

Laws,  569.) 

Sec.  10.  That  in  lieu  of  the  mode  now  provided  by  law  for 
the  opening,  repairing,  grading  and  curbing  of  the  public  streets, 
lanes,  alleys  and  highways  in  the  borough  of  Pottsville,  in  the 
county  of  Schuylkill,  the  town  council  of  the  said  borough,  shall 
in  the  month  of  May  in  each  year,  divide  off  the  said  borough 
into  convenient  wards  or  sections,  and  after  giving  at  least  two 
weeks  public  notice  in  the  newspapers  published  in  said  borough 
for  the  reception  of  proposals,  shall  on  a day  to  be  fixed  by  the 
said  council  for  the  purpose,  publicly  let  out  such  of  the  opening, 
repairing,  grading  and  curbing  of  the  said  streets,  which  the  said 
borough  may  by  the  existing  laws  be  required  to  perform,  to  the 
lowest  bidder  or  bidders,  who  shall  give  good  and  sufficient  s%curi- 
ty  for  the  performance  of  his  or  her  or  their  respective  bid  or  bids* 

ACT  OF  APRIL  22,  1856. 

Pamphlet  Laws  509. 

Supplied  & Repealed  by  Act  of  March  6,  1SC0.  (Ante  VII.) 

Sec.  1.  Be  it  enacted,  &c.,  That  the  town  council  of  the  borough 
of  Pottsville  shall  have  full  power  and  authority  to  survey,  lay  out, 
open  such  roads,  streets,  lanes,  alleys,  courts  and  common  6ewers 


XI. 


as  they  may  deem  necessary,  and  to  provide  for,  enact  and  ordain 
ordinances  and  regulations  for  the  widening  and  straightening  of 
the  same  ; Provided , That  this  act  shall  not  extend  or  apply  to 
any  road,  street,  road,  lane,  or  alley  heretofore  ordered  to  be  opened. 

Sec.  2.  That  when  application  shall  hereafter  be  made  for  the 
openingof  any  new  street,  lane  or  alley  within  the  borough  of  Potts- 
ville,  such  application  shall  be  made  by  petition  to  the  town  council 
of  the  said  borough,  and  if  it  receives  the  sanction  and  approval  of 
the  said  council,  it  shall  be  placed  on  the  minutes  of  the  said  town 
council,  and  such  streets,  lanes,  or  alleys,  so  approved,  shall  then 
be  opened. 

Sec.  3.  That  in  case  any  damage  is  likely  to  be  done  by  the 
opening  of  any  such  streets,  lanes,  or  alleys  to  the  real  estate  of 
any  person  or  persons  through  whose  property  any  such  street,  lane 
or  alley  may  pass,  such  damages  shall  be  assessed  by  three  free- 
holders of  said  borough,  neither  of  whom  shall  be  a resident  of 
the  ward  where  the  damage  is  so  alleged  to  have  been  done,  who 
shall  be  chosen  as  follows : two  by  the  said  town  council  and  the 
third  by  the  petitioners. 

Sec.  4 That  the  appraisers  to  be  chosen  as  aforesaid  shall,  after 
being  duly  sworn  or  affirmed,  proceed  to  assess  the  damages  likely 
to  be  done  by  the  opening  of  such  street,  lane  or  alley,  taking  in- 
to consideration  the  advantage  of  any  such  street,  lane  or  alley 
may  be  to  the  petitioner,  and  make  report  to  the  said  town  coun- 
cil, which  report  so  made  shall  be  filed  among  the  said  papers  and 
entered  on  the  books  of  the  said  council. 

ACT  OF  MAY  1,  1861. 

Pamphlet  Laws  499. 

Repealed  by  Supplement  xxi.,  ante  24. 

Sec  1.  That  so  much  of  the  township  of  Norwegian,  in  the  county 
of  Schuylkill,  as  lies  within  the  following  described  boundaries,  be 
and  is  hereby  annexed  to  the  borough  of  Pottsville,  viz  : beginning 
at  a point  in  the  present  western  line  of  the  said  borough,  on  or 
near  the  top  of  the  Sharp  mountain,  where  a continuation  of  the 
south  line  of  Henry  Morris’s  land  would  cross  said  borough  line  ; 
thence  along  said  mountain  south  sixty-nine  degrees  and  twenty- 
five  minutes,  west  two  hundred  and  sixteen  perches,  thence  north 
nineteen  degrees  and  fifty-four  minutes,  west  passing  along  the 
western  line  of  a farm  late  of  Thomas  Silly  man,  deceased,  along 
Franklin  street  in  the  town  of  Yorkville  and  through  land  of  Ed- 
ward O’Conner  and  others  four  hundred  and  sixty  four  perches 
to  a post,  thence  north  seventy  degrees  and  three  quarters  east  two 
hundred  and  twenty-two  perches  to  the  north  west  corner  of  the 
present  borough;  thence  along  the  western  line  of  it  to  the  place 
of  beginning. 

Sec.  2.  That  the  above  described  and  so  much  of  the  present 
borough  of  Pottsville  as  lies  westwardly  of  the  following  described 
lines,  viz : beginning  on  the  aforesaid  continuation  of  the  south 


1856 


1861 


XU. 


1861.  line  of  Henry  Morris's  land  ; thence  north  eighteen  degrees  and 
thirty-five  minutes  west  so  as  to  pass  along  the  western  side  of  the 
German  Catholic  cemetery  to  Schuylkill  avenue  ; thence  west- 
wardly  along  said  avenue  to  Dumont  or  Ninth  street ; thence  north- 
wardly along  said  Dumont  street  to  Lyon  street,  and  the  same 
course  through  land  of  Samuel  Heffner  to  High  street;  thence 
westwardly  along  it  to  West  street;  thence  northwardly  along  it  to 
the  Minersville  road,  and  westwardly  along  it  to  the  line  between 
the  lands  of  Moses  Parrot  and  George  Patterson  ; thence  north- 
wardly along  said  line  along  another  portion  of  West  street  along 
the  lines  between  lots  numbers  forty-five  and  forty-six,  numbers 
one  hundred  and  ten  and  one  hundred  and  eleven,  and  numbers 
one  hundred  and  twenty-seven  and  one  hundred  and  twenty-eight, 
in  the  Norwegian  addition  to  Pottsville,  to  the  we^t  branch  of  the 
Mount  Carbon  railroad  ; thence  continuing  the  course  of  the  last 
named  line  to  the  north  line  of  the  borough,  be  and  tf^  same  are 
hereby  established  and  erected  into  a new  ward  to  be  called  West 
ward,  which  shall  have  and  possess  all  the  powers  and  privileges, 
rights  and  immunities  that  the  other  wards  in  the  said  borough  of 
Pottsville  now  possess  or  are  entitled  to. 

Sec.  3.  That  the  said  ward  shall  be  attached  to  and  become  a 
part  of  the  Pottsville  school  district,  and  shall  constitute  a separate 
election  district,  with  the  same  right  of  electing  borough  and  other 
officers  now  possessed  by  the  other  wards  of  the  said  borough  and 
at  the  same  times,  the  first  election  shall  be  held  on  the  first  Mon- 
day in  May  next  at  the  house  of  M.  B.  Bell,  at  the  south  west 
corner  of  Market  and  Spring  streets  in  said  ward,  which  shall  be 
conducted  by  Stephen  Bodgers  as  judge  and  M.  B.  Bell  and  Peter 
Pashold  as  inspectors  who  are  to  appoint  two  clerks  all  of  whom 
shall  be  sworn  or  affirmed  according  to  law  ; at  which  said  election 
a vote  shall  be  taken  of  the  qualified  electors  of  said  ward  to.decide 
by  ballot  upon  the  place  where  the  elections  in  the  said  ward  shall 
thereafter  be  held,  which  said  election  shall  be  conducted  and  the 
returns  of  it  made,  in  the  same  manner  as  they  now  are  in  the 
other  wards  of  the  said  borough,  and  that  at  the  said  first  election 
all  persons  residing  in  said  ward  and  qualified  to  vote  for  members 
of  the  legislature  shall  be  permitted  to  vote. 


(Brbinantts  at  gtpdtft 

Page  of 
Ordinance 
Book. 

1828,  May  15. — Prohibiting  swine  from  running  at  large  in 

the  borough.  Bepealed  and  supplied.  - - - 1 

1828,  May  15. — Belating  to  dogs.  Bepealed  and  supplied.  - 1 

1830,  June  21. — Providing  for  the  appointment  of  a regula- 
ting committee,  and  prescribing  their  duties.  Obsolete.  - 4 

1830,  June  28. — Providing  for  the  appointment  of  a borough 

surveyor.  Obsolete.  6 


Xlll. 


Page  6f 
Ordinance 
Book. 

1830,  July  19. — A supplement  to  the  ordinance  for  the  regu- 
lation of  slaughter  houses.  Obsolete.  - - - 7 

1830,  August  5. — Providing  for  the  appointment  of  police 

officers.  Obsolete. 8 

1830,  August  5.— For  the  widening  and  straightening  of  Cen- 
tre street.  Obsolete.  - - - - - - 9 

1830,  September  4. — For  raising  a sum  of  money  on  loan. 

Obsolete.  - 10 

1831,  January  11. — Authorizing  M.  33.  Buckley  to  build  a 

bridge.  Obsolete*. 10 

1831,  April  28. — Supplement  to  ordinance  for  raising  a sum 

of  money  on  loan.  Obsolete.  - - - - - 11 

1831,  May  5. — .Regulating  assessments.  Obsolete.  - - 11 

1831,  August  30. — Giving  to  street  commissioners  certain 

powers  and  duties.  Obsolete.  - - - - - 11 

1832,  February  27. — To  prevent  dogs  from  running  at  large. 

Repealed  and  supplied.  - - - - - - 12 

1836,  August  30. — Granting  to  Burd  Patterson  and  his. asso- 

ciates the  privilege  to  make  a railroad  through  Market 
Street,  &c.  Obsolete.  - 13 

1837,  February  7.— To  enable  Charles  Potts  and  Benjamin 

Ban  nan  to  make  and  use  a railroad  from  Black  Mine 
Colliery,  &c.  Obsolete.  - - - - - - 15 

1837,  March  19. — Giving  to  Richard  Willing  privilege  to 
make  a culvert  for  the  passage  of  the  waters  of  Norwe- 
gian creek.  Obsolete. 16 

1837,  April  21. — Giving  George  H.  Potts  the  privilege  to 
make  and  use  a railroad  through  Jennings  alley.  Ob- 
solete. -.----.--17 
1837,  April  27. — For  the  regulation  of  traveling  on  railroads 

through  the  streets,  &c.  Obsolete.  - - - - 17 

1837,  May  13. — For  raising  a sum  of  money  on  loan.  Obso- 
lete.   18 

1837,  May  13 — Supplement.  Obsolete.  - - - - 19 

1838,  March  13. — Authorizing  the  laying  of  a railroad 

across  Norwegian  street  and  through  part  of  Coal  st., 
Obsolete. 19 

1838,  November  27. — Providing  for  a market.  Repealed.  - 20 

1838,  December  12. — To  authorize  a loan  to  procure  appara- 
tus for  extinguishing  fires.  Obsolete.  - - - 21 

1846,  September  15. — To  authorize  a loan  for  the  erection  of 

a market  house.  Obsolete.  - - . - - 30 

1848,  May  30. — In  reference  to  dogs.  Repealed.  - - 31 

1848,  November  13. — Providing  for  the  regulation  of  the 

markets.  Repealed. 32 

1855,  December  18. — For  the  regulation  of  the  markets. 

Repealed. 39 

1861,  August  6. — For  the  regulation  of  markets  in  the  Bor- 
ough of  Pottsville.  Repealed. 60 


Halts  of  ©rhtr, 

For  the  government  of  the  Town  Council. 

Adopted  Mai^ch  7,  1837. 

I.  • The  stated  meetings  of  the  Council  shall  be  held  on  the  first  and  third  Tuesdays 
of  every  month,  from  October  until  April,  inclusive,  at  seven  o’clock  in  the  evening,  and 
for  the  remainder  of  the  year  at  half-past  seven  o’clock  in  the  evening. 

II.  As  soon  .as  a majority  of  members  appear  the  President  shall  take  his  seat  and  call 
to  order ; after  which  no  member  shall  depart  without  leave  of  the  President Provided 
if  a quorum  do  not  appear  within  thirty  minutes  of  the  appointed  time,  the  members 
present  may  adjourn  to  some  fixed  time,  or  sine  die. 

III.  The  President  shall  be  the  judge  of  order  and  his  decisions  thereon  shall  be  im- 
mediately submitted  to.  unless  two  members  require  an  appeal  to  the  Council  which 
shall  be  decided  without,  debate. 

He  shall  name  all  committees  unless  the  Council  shall  otherwise  determine. 

He  shall  call  special  meetings  of  the  Council  when  in  his  opinion  public  business  may 
require  it,  or  at  the  request  of  two  members;  but  when  meetings  shall  be  so  called  he 
shall  direct  the  clerk  to  insert  in  the  notices  of  the  members  the  import  of  the  business 
upon  which  they  are  to  convene,  - and  no  other  business  shall  be  transacted  at  such 
meeting. 

IV.  It  shall  be  the  duty  of  the  clerk  to  keep  fair  and  regular  minutes  of  the  proceed- 
ings of  the'  Council : furnish  the  chairman  of  every  committee  with  a copy  of  the  resolu- 
tion under  which  they  are  appointed  and  cause  a written  or  printed  notice  of  every  meet- 
ing of  the  Council  to  be  served  by  the  High  Constable  on  each  member. 

V.  The  order  of  the  business  at  the  meetings  of  the  Council  shall  be : — 

1.  The  minutes  of  the  last  meeting  read  and  if  necessary,  corrected  as  to  matter  of 
form  or  mistake. 

2.  Reports  of  committees. 

3.  Petitions  and  communications  to  Council. 

4.  Unfinished  business. 

5.  All  other  business. 

VI.  The  Standing  Committees  shall  be 

1.  The  street  committee  to  consist  of  four  members. 

2.  The  committee  on  accounts,  to  consist  of  three  members. 

3.  The  committee  on  fire  apparatus,  to  consist  of  three  members. 

4.  The  committee  on  lamp  and  watch,,  to  consist  of  three  members. 

5.  The  committee  on  survey,  to  consist  of  three  members. 

6 The  committee  on  markets,  to  consist  of  three  members. 

7.  The  committee  on  room  and  stationery,  to  consist  of  three  members. 

VII.  Upon  motion,  seconded  and  carried,  the  Council  may  resolve  itself  into  a com- 
mittee of  the  whole  when  the  President,  having  first  appointed  a chairman,  shall  leave 
the  chair  and  possess  the  same  privileges  as  any  other  member. 

The  usual  course  of  proceedings  in  Council  shall  be  observed  as  far  as  practicable  on 
such  committees. 

VIII.  Every  member  on  a committee  shall  attend  the  call  of  the  chairman  who  shall 
be  the  person  first  named  on  the  committee. 

At  every  stated  meeting  of  the  Council,  the  committees  shall  be  called  over,  and  the 
chairman  or  any  member  of  the  committee,  shall,  if  required,  assign  the  reason  why 
the  committee  have  not  reported. 

The  reports  of  committees  shall  be  in  writing. 

IX.  No  motion  for  reconsideration  shall  be  permitted  unless  made  and  seconded  by 
members  who  were  in  majority  on  the  original  question,  nor  then  unless  made  at  the 
same  meeting  as  the  decision,  or  the  next  meeting  after  it. 

X.  The  yeas  and  nays  shall  be  entered  on  the  minutes  at  the  request  of  any  two 
members. 

XI.  No  rule  of  Council  shall  at  any  time  be  dispensed  with,  unless  in  doing  so  two 
thirds  of  the  members  present  concur. 

XII.  All  applications  or  communications  to  the  Council,  shall  be  in  writing  and  be 
laid  before  the  Council,  by  one  of  the  members,  and  the  practice  of  receiving  verbal 
communications  and  applications  from  persons  not  members  shall  be  abolished. 

C Adopted  May  15,  1838.  M.  B.  vol.  2,  p.  71.) 


E R E A.  T A • 


On  page  7,  in  Note,  for  xiv.  read  xv. 

On  page  8,  in  Note,  for  xiii.  read  xii. 

On  page  24,  in  Note,  for  xxii.  read  xxi. 

On  page  46,  for  1861,  in  the  margin,  read  1864 ; and 
for  December  20,  1861,  read  December  20,  1864. 

On  page  46,  for  1855  read  1835. 

On  page  47,  for  1855  read  1835. 


INDEX 


gittS  0f  gSStlttMg. 


Original  Act  of  Incorporation,  - 

Charter,  - 

I.  Supplement,  Qualification  of  Voters,  - 

II.  44  Tax  on  Dogs,  - 

III.  44  Duplicate  of  Taxes,  - 

IV.  44  North  and  South  Wards  erected, 

V.  44  Grading  and  Curbing  of  Streets,  - 

VI.  44  Lock-up  House,  - 

VII.  44  Election  in  each  Ward,  - 

VIII.  44  North  West  and  North  East  Wards  erected 

IX.  44  Election  of  Treasurer, 

X.  44  Hours  for  Elections,  - 

XI.  44  Hours  for  Elections, 

XII.  44  North  East  and  North  West  Wards  to  elect  two 

Justices  of  the  Peace, 

Ward  Elections  to  be  held  on  third  Friday  of 
February,  - 

Vacancies  in  Council  h<3w  filled,  - 

XIII.  44  High  Constable  to  give  bond,  - 

XIV.  44  Corporation  may  borrow  money,  - 

Justices  of  the  Peace  to  have  jurisdiction  of 
actions  for  breach  of  ordinances,  - 

XV.  44  Council  to  consist  of  twelve  members — three 

from  each  Ward,  - 

Town  Clerk  to  be  elected  by  the  Council,  • 

XVI.  44  Middle  Ward  erected, 

XVII.  44  Boundaries  of  Borough  extended  to  include 

part  of  the  Navigation  tract,  - 
Annexed  to  North  West  & North  East  Wards, 
XVIII.  44  Collector  for  each  Ward  may  be  appointed, 

Tenants  to  repair  pavements,  - 

XIX.  ' 44  Corporation  may  charge  twenty  per  cent,  ad- 
ditional for  setting  curb  stones  & paving, 

XX.  44  South  East  Ward  erected,  - • 

XXI.  44  Boundaries  of  the  Borough  extended  westward 

and  annexed  to  the  North  West,  Middle, 
and  South  Wards, 

South  East  Ward  an  election  precinct  only, 

XXII.  44  Town  Council  to  regulate  the  size  of  culverts, 


3 

6 

15 

15 

16 
16 
16 

17 

18 
18 
18 
18 
19 

19 

19 

20 
20 
20 

21 

21 

21 

21 

22 

22 

22 

23 

23 

23 


24 

24 

25 


©rbiMttas. 


I.  Removal  of  Nuisance,  - - - - 27 

II.  Public  Exhibitions,  27 

III.  Disorderly  persons,  - - - - 27 

IV.  Duty  of  High  Constable,  28 

V.  Fire  Arms,  Squibs,  and  Crackers,  - - - 28 

VI.  Declaring  several  streets  to  be  public  highways,  - 28 


XVI. 


VII.  Prohibiting  riding,  driving,  or  unloading  coal,  &c.,  on 

pavements,  - - - - 29 

VIII.  Fast  riding  or  driving  in  the  streets  prohibited,  - 29 

IX.  Gunpowder,  - - - 29 

X.  Slaughter  houses  and  offal  in  the  streams  of  water,  - 30 

XI.  Interments,  - - - - - 80 

XII.  Drivers  to  hold  the  reins  of  horses  when  driving,  - 31 

Horses  not  to  run  loose  in  the  streets,  - 31 

XIII.  Coal  ashes  not  to  be  thrown  on  the  streets,  - 31 

XIV.  Pottsville  Water  Company,  - - 32 

XV.  Prescribing  the  duty  of  Collectors  of  Taxes,  - 32 

XVI.  Prohibiting  the  sale  of  unwholesome  provisions,  - 33 

XVII.  Lamps  and  Lamp  Posts,  - - - 34 

XVIII.  Awnings,  Rails,  and  Wooden  Sheds,  - 34 

XIX.  Suits  for  penalties  to  be  instituted  by  Chief  Burgess  or 

Solicitor,  - - - 35 

XX.  Cattle  not  to  be  kept  in  the  streets  for  sale,  - 35 

XXI.  Relating  to  butchers  and  others  selling  meat  in  the  streets,  35 

XXII.  Guaranteeing  six  per  cent,  interest  to  the  Pottsville  Water 

Company,  - 36 

XXIII.  Party  Walls  and  Partition  Fences,  - - 36 

XXIV.  Carrying  Gunpowder  through  the  Streets,  - 37 

XXV.  Wooden  Buildings,  - - - 38 

XXVI.  Swine  and  Goats,  39 

XXVII.  Dogs,  - - - - - - 39 

XXVIII.  Relating  to  Sidewalks  and  Pavements,  40 

XXIX.  “ “ “ - - 42 

XXX.  Permits  for  building  materials  in  the  streets,  - 43 

XXXI.  Culverts,  - - - - - 44 

XXXII.  Relating  to  market  hours  and  sales  of  marketing,  - 45 

XXXIII.  Obstruction  of  the  streets  by  crowds,  - 46 

XXXIV.  Relating  to  market  wagons,  46 

XXXV.  Fire  Plugs,  - - - - - 47 


Other  ordinances  now  in  force,  - 47 — 49 

Act  of  Assembly  relating  to  municipal  officers,  - 49 

Acts  of  Assembly  relating  to  Vagrants,  50 

Manner  of  Proceeding  for  Penalties,  - - - 52 


Acts  of  Assembly  relating  to  the  Borough  of  Pottsville. 


To  open  Logan’s  Court,  - - - - L 

To  open  an  alley  from  Union  street,  bet.  Centre  & Second  streets,  ii. 

To  open  an  alley  between  Contention  alley  and  Norwegian  street,  ii. 

To  extend  Market  street  to  Coal  and  George  streets,  - ii. 

To  enlarge  Coal  and  George  streets,  iv. 

To  widen  Adams  street,  between  Norwegian  and  Mahantongo  sts.,  iv. 

To  widen  Coal  street  in  Morris’  Addition,  - iv. 

To  open  an  alley  between  Norwegian  and  Mahantongo  streets,  from 

Fifth  street  to  Sixth  street,  v. 

Relating  to  the  School  House  and  Burial  Ground,  - v. 

Relating  to  the  School  House  and  Burial  Ground,  - - vi. 

Lot  holders  of  original  Town  Plot  may  apply  for  damages  in  rela- 
tion to  the  burial  ground,  - - - vi. 

Road  Laws,  -----  vii. 

Acts  supplied  and  repealed,  - ix — xii. 

Ordinances  obsolete,  supplied  or  repealed,  - - xii. 


Harffetet  Italy 


- www.cc>!ibris/st«frwcoin 


